Under the proposed regulations, employers would be mandated to provide their employees with 14-day advance notice of their schedules. Employers will be required to pay employees 2 additional hours of call-in pay at the minimum wage rate if the employee is required to work hours that were scheduled less than 14 days before the scheduled time to report. Additionally, call-in employees must receive four hours of call-in pay: when a shift is cancelled less than 72 hours prior to its start; when the employee is obligated to contact the employer less than 72 hours before the shift to find out if he/she must report for the shift; and, when the employee is required to be on-call to work the shift.
The following are examples of how the proposed regulations would be applied:
If an employer sends an employee home after working only 1 hour, then the employer must pay four hours of call-in pay, with the first hour of actual attendance at the employee’s regular rate of pay and 3 additional hours at the minimum wage.
If an employee works a shift scheduled less than 14 days in advance, then the employee is entitled to 2 hours of call-in pay at the minimum wage, in addition to the employee’s regular wages earned during the shift.
If an employer cancels a shift less than 72 hours before the shift is scheduled to begin, then the employer is required to pay 4 hours of call-in pay at the minimum wage.
If an employee is required to be on-call but ends up not working, then the employee must receive 4 hours of call-in pay at the required minimum wage.
If an employer asks an employee to call in to check if they are required to work less than 72 hours before a shift begins, then the employer must pay the employee an additional 4 hours of call-in pay at minimum wage in addition to any earned wages.
Employers should take note that call-in pay premiums would not apply in the follow situations:
If an employee agrees to volunteer to work a new and additional shift during the first two weeks that the shift is worked.
During the first two weeks of employment of a new employee.
If an employee requests time off and the employer cancels a shift.
If an employer is unable to operate as a result of inclement weather or other emergency conditions, provided that the employer gives 24-hour advance notice of shift cancellations when operations are able to continue but staffing needs are reduced.
If an employee chooses to volunteer to cover a coworker’s shift scheduled at least 14 days in advance.
Employers should pay attention to these fast approaching regulations.
PMP is here to help your business take the necessary steps to implement the new employee scheduling regulations once finalized.
Article Prepared By:
Haley Trust, SilvermanAcampora