Last week, HCA alerted members that the state Department of Labor (DOL) posted revisions to already-proposed employee scheduling (“call-in pay”) regulations.
HCA has prepared a document that compares the previously proposed regulations with the newly released regulations. It is posted at https://hca-nys.org/wp-content/uploads/2018/12/Call-in-Pay-side-by-side.pdf.
The newly proposed rule can be found on the DOL website at https://www.labor.ny.gov/workerprotection/laborstandards/pdfs/employee-scheduling-proposed-rule.pdf.
An initial version of these regulations was proposed on November 22, 2017, requiring employers to provide additional pay when a shift is cancelled or not scheduled within a certain advanced time requirement. It would also mandate additional pay for employees who are required to be in contact with the employer about a possible upcoming shift. HCA commented and delivered testimony on the original proposals earlier this year (see https://hca-nys.org/general-news/4547).
The revised regulations will trigger yet another comment period where HCA will reiterate our call for the state to carve-out the home care, hospice and MLTC sectors from the proposed regulations should they be adopted.