On-Call Scheduling Regulations Reportedly Abandoned

March 4th, 2019

It was reported this week that the Cuomo administration plans to abandoned its reforms to on-call scheduling after proposed regulations were widely panned by labor and business groups alike. The labor department began review of the practice, at the direction of the Governor, with public hearings beginning in the fall of 2017. The original proposal, released in December of 2017, would have required 14-day advance notice for work schedules and employees would receive two hours of additional pay for last-minute shifts. Employers would also be required to pay additional amounts if shifts were canceled within a certain time period. The proposal was met with withering criticism from the business community, who were able to make a compelling enough argument for the department to issue a revised proposal in late 2018. The revised proposal would exempt certain workers, such as those whose jobs are weather-dependent, from receiving call-in pay. Supporters of the original plan derided the amendments, while business groups and others pointed still to industries that would be negatively affected. The department of labor has yet to take any official action in abandoning the plans and has alluded that it could revisit the matter in the future. Some lawmakers have signaled a desire to contend with the issue legislatively, though it is unclear how much support the measure enjoys among Albany legislators.