• “Call-in Pay” for Shifts Cancelled on Less Than 72 Hours’ Notice. Where an employer cancels a shift
within seventy-two (72) hours of the start of the shift, the employee shall be paid at least four (4) hours
of “call-in pay.”
• “Call-in Pay” for Being On-Call. An employee who is required to be available to report for any shift
must be paid for at least four (4) hours of “call-in pay.”
• “Call-in Pay” When Employees Must Call to Confirm within 72 Hours before Shift Start. An employee
who is required to be in contact with the employer within seventy-two (72) hours of start of the shift to
confirm whether to report to work must be paid for at least four (4) hours of “call-in pay.”
If finalized, the Proposed Rule will pose enormous administrative challenges for the long term care field
due to the unpredictable nature of staffing needs. Long term care agencies are encouraged to submit
comments to the NYSDOL regarding how the Proposed Rule will effected their industry by January 8,
2018. A more detailed memorandum on the Proposed Rule on call-in pay is available here.
Hinman Straub P.C. is available to discuss any of these five (5) topics in further detail including their
potential impact on your existing policies and procedures. If you have any additional questions, please
contact Joseph M. Dougherty at 518.436.0751 or [email protected].
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