NY State Report In Pay Requirements

If you weren’t able to make today’s policy writing workshop, you missed great networking and information regarding what policies you may need and why.  During our breakout discussion, we looked at a sample of a Cancellation of Operations policy to spark discussion about the need for one and what should we include.  We thought it was good to look at this time of the year!  This brought up the question is it mandatory to pay employees that come to work only to realize that the facility or organization was closing due to an emergency or extreme weather.  Some felt there was a NY regulation requiring a minimum of four hours pay and others said there wasn’t a requirement. What do you think?

The answer is..Yes!  There is a NY State requirement.  Here is what Business and Legal Report had to say:

New York Callback/Report-In Pay: What you need to know!

General Rule

New York requires employers to pay workers for reporting to the workplace, even if the employer has no work for them to do. An employee who is requested or permitted to report for work on any day must receive at least 4 hours’ pay or, if the scheduled shift is shorter than 4 hours, wages for the number of hours in the shift. The hourly rate must be at or above the minimum wage (NY Admin. Code Tit. 12 Sec. 142-2.3).

 

Exceptions

There is no minimum pay for reporting to work in the case of:

• Employees who live on the employer’s premises and are on call during sleeping hours or on call while they are free to leave the workplace

• Employees in building services industries

• Administrative, executive, professional, and outside sales employees

• Farm laborers

• Taxicab drivers

• Babysitters and companions

• Golf caddies

• Staff counselors in children’s camps and camp employees who work fewer than four hours a day

• Booth renters (independent contractors renting space in a beauty shop)

Hour’s pay added. Employees who report to work a second time in any workday (other than after a lunch period of an hour or less) must be paid an additional hour’s wages at a rate no lower than the minimum wage. An additional hour’s pay is also due whenever the spread of hours in the workday exceeds 10 (NY Admin Code Tit. 12 Sec. 142-2.4).

 

Source:  BLR Article

 

Hope this helps clear this up before the snow flies.  If you have a comment, please post it in the blog.

Debi