After promising for a couple of years it would mandate that most New York employers provide predictable scheduling, the New York State Department of Labor (NY DOL) has backed away from the plan under pressure from employers.
The rules, which would have made affected employers give employees 14-day advance notice of upcoming shifts, met with resistance from employers who objected to both the reduced flexibility and added cost. If workers’ schedules changed after the notice period, employers would have been obligated to pay workers extra.
NY does mandate other schedule limitations and pay premium requirements, however, including a ban on scheduling employees to work seven days in a row. Also, employees in NY who work more than 8 hours in a day, even if on multiple shifts, are due a pay premium. While the decision to withdraw the proposed rules gives employers some relief, experts warn that the state legislature could still include the measures in future legislation. Employers should remain alert to possible rules down the road.