DOL Shelves Proposed Scheduling Regulations

By Fox Rothschild, LLP

The New York State Department of Labor (NYDOL) announced that, at this time, it is no longer going to pursue regulations to the Miscellaneous Industries Wage Order that would have required “call-in pay” or “on-call” scheduling.


The decision to allow the regulatory process to expire is a result of the widespread feedback the NYDOL received criticizing the proposed regulation’s “one-size-fits-all” approach. The NYDOL's decision does not impact call-in pay requirements set forth under other New York wage orders, such as the Hospitality Industry Wage Oder.

Further, some New York City employers have additional call-in, on-call and scheduling requirements under the New York City Fair Workweek Law (see our prior Alert); the NYDOL’s decision does not impact the Fair Workweek Law. 

For more information about this alert, please contact Carolyn D. Richmond at 212.878.7983 or, Glenn S. Grindlinger at 212.905.2305 or, or any member of the firm’s Labor and Employment Department.

This publication is intended for general information purposes only. It does not constitute legal advice. The reader should consult with knowledgeable legal counsel to determine how applicable laws apply to specific facts and situations. This publication is based on the most current information at the time it was written. Since it is possible that the laws or other circumstances may have changed since publication, please call us to discuss any action you may be considering as a result of reading this publication.

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