New Employee Scheduling Rules Clarification

By The NYC Hospitality Alliance

November 20, 2017

Governor Cuomo and NYSDOL announce new employee scheduling rules - hospitality industry employers not included.

While you may have seen recent news stories about Governor Cuomo’s proposed new rules for on-call scheduling for retail workers and other hourly employees in New York State, the NYC Hospitality Alliance wants to clarify that these rules are specifically related to “workers subject to the Minimum Wage Order for Miscellaneous Industries and Occupations.”  

As the vast majority of Alliance members are subject to the “Hospitality Industry Wage Order,” and not the “Miscellaneous Industries” Order, this rulemaking generally will not impact our members (in fact, the DOL’s original hearing notice back in September specifically stated: “Please note, the scope of these hearings is focused on scheduling practices for workers subject to the Minimum Wage Order for Miscellaneous Industries and Occupations. Other industries will be evaluated after this review.”).

The NYC Hospitality Alliance has been proactively communicating with lawmakers and agency officials concerning this important issue and has worked hard to detail the significant differences between the retail and hospitality industries and underscore the unique scheduling challenges facing hospitality businesses. We are, therefore, pleased that the proposed DOL regulations do not include the Hospitality Industry Wage Order and we will continue to work with policy makers to share your interests and concerns.

The full rulemaking package will appear in the November 22, 2017 issue of the State Register, and will be subject to a comment period for 45 days from that publication date. The full rules are available here:

As always, please don’t hesitate to call us with any questions or for further clarification.

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