Input Needed on Revised DOL Scheduling Regulation

We need your input on how the revised DOL scheduling regulation would affect your business!


Please provide a written comment to and they will be used as part of our advocacy on this issue.


If you would like to send in a written comment directly to the Department of Labor, they can be sent to


The New York State Department of Labor has revised its proposed rule on scheduling, but does little to address the major concerns of the business community.


You can read the latest proposal here.


The Business Council has also provided an analysis of the regulation here.


The following provisions of the rule are highly concerning:

1. Reporting to work: An employee shall be entitled to at least 4 hours of call-in-pay for each shift worked, unless the typical shift is less than 4 hours.

2. Unscheduled shift: An employee will be paid an additional 2 hours of call-in-pay, for an additional shift that was not on the schedule 14 days in advance.

3. Cancelled shift. An employee will receive 2 hours of call-in-pay for a shift that is canceled within 14 days of the shift. Also, the employee will receive 4 hours of call-

in-pay for a shift that is canceled within 72 hours of the start of their shift.

4. On-call. Four hours of call-in-pay will be given to an employee who is needed by the employer to be available to report to work to potentially work.

5. Call for schedule. At least four hours of call-in-pay will be granted to an employee who is required to be in contact with the employer within 72 hours of start of the shift to confirm.


Thank you for taking the time to provide your feedback on this critical business issue.

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