Do You Know What the Current NYS Call-In Pay Guidelines Are in Business and at Work?

As we continue to wait for New York state’s proposed / expanded regulations on Call-In Pay to go into effect, the current NYS Call-In Pay regulations for nonexempt (hourly and salaried) employees continue to confuse employers.

The current NYS regulation for call-in pay is as follows:

 

142-2.3 Call-in pay.
An employee who by request or permission of the employer reports for work on any day shall be paid for at least four hours, or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage.
12 CRR-NY 142-2.3
Current through March 10, 2018

 

 

I know – not very clear.  To clarify:

  • The above regulation applies to nonexempt employees (hourly or salaried) only. 
    • If a nonexempt employee is not scheduled to work that day, and:
    • Is requested by their employer to report to work that day;
    • Then the nonexempt employee is entitled to call-in pay at the current minimum wage rate, either:
      • At least 4 hours at minimum wage; or
      • The regular schedule of hours at minimum wage;
      • Whichever is less.

And if the called-in nonexempt employee works 4 hours or more at their regular hourly rate (which is what usually happens), that exceeds / satisfies the Call-In Pay requirement.

Do you understand (and properly use) the current guidelines on NYS Call-In Pay, in business and at work?