What are Call-In Pay Requirements For New York Employers?

“Call-in pay” is a requirement that employees in New York be paid a minimum amount for reporting to work when the employer directs the employee to stop working before the end of a regularly scheduled shift.

General Requirements for New York Employers

Employers are generally required to pay employees who report to work (either by request or permission of the employer) for the following time (whichever is less) at the basic minimum hourly wage:

• At least 4 hours; or
• The number of hours in the regularly scheduled shift.

Note: Call-in pay for hours in excess of the actual hours worked is not counted as hours worked for purposes of determining overtime.

Exceptions

Employees in most industries are entitled to call-in pay under the Minimum Wage Order for Miscellaneous Industries and Occupations. Workers not covered by the requirement include:

• Employees who are covered by minimum wage standards in any other minimum wage order (such as those in the building service industry or farm workers);
• Employees of a non-profit-making institution which has elected to be exempt from coverage; and
• Any person who does not meet the definition of “employee” as provided in the Minimum Wage Order.

Special Rules for New York Employers in the Hospitality Industry

Under the Hospitality Industry Minimum Wage Order, employees who report for duty on any day (either by request or permission of the employer), whether or not assigned to actual work, must be paid at the “applicable wage rate” for:

• At least 3 hours for one shift, or the number of hours in the regularly scheduled shift, whichever is less;
• At least 6 hours for 2 shifts totaling 6 hours or less, or the number of hours in the regularly scheduled shift, whichever is less; or
• At least 8 hours for 3 shifts totaling 8 hours or less, or the number of hours in the regularly scheduled shift, whichever is less.

For the time of actual attendance, the “applicable wage rate” is the employee’s regular or overtime rate of pay (whichever is applicable), offset by any tip credits.  The “applicable wage rate” for the balance of the period is the basic minimum hourly rate with no deduction for tip credits.

GTM clients can rest easy knowing they are compliant with applicable wage and labor laws. Get a free quote on our services or call (518) 373-4111 to learn more.