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; the NYDOL’s decision does not impact the Fair Workweek Law.

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