"In New York, we have achieved nation-leading success in workers' rights, and we will continue to fight to protect all hard-working New Yorkers," Governor Cuomo said. "The regulations advanced by the Department of Labor will increase fairness for workers and allow employers to retain flexibility."
In September, the Governor directed State Labor Commissioner Roberta Reardon and the Department of Labor to hold public hearings on the issue of employee scheduling. After four hearings and many hours of testimony from workers, advocates, industry experts and business owners, the Department of Labor developed these regulations to give workers a voice in their own schedules, thereby safeguarding the most vulnerable low wage workers. At the same time, businesses will retain the flexibility they need to run successfully.
For workers, the regulations:
· Establish a 14-day advance notice standard for scheduling and provide 2 hours' extra pay for last-minute assignments.
· Expand existing reporting pay of at least four hours to now include last-minute cancellations and assignments and on-call shifts requiring workers to be on stand-by to come into work.
For employers, the regulations:
· Provide flexibility by allowing new shifts to be offered without a premium during the first two weeks of a worker's employment, permitting worker shift swaps and substitutions without penalty and allowing for weather related cancellations without penalty with 24-hours' notice.
· Impose no blanket prohibitions or mandates - employers retain control over their scheduling practices and those who provide predictable scheduling will see no additional compliance costs.
This rulemaking is subject to a 45-day comment period after publication in the November 22nd State Register. If you would like to submit a comment on this proposed regulation, you may do so at: hearing@labor.ny.gov
At each of the four hearings, testimony from employers, employees and advocates for both groups was heard. Business and industry advocates agreed that many industries require flexibility and employers need a mechanism to adjust when unpredictable circumstances arise. These circumstances might include an employee calling out or leaving work unexpectedly due to illness or other unavoidable situation, delays in material deliveries or inclement weather.
Workers delivered testimony focused on the hurdles that unpredictable schedules create for them. Additionally, they expressed frustration at their lack of input in their schedules and the challenge of planning their lives around schedules that vary radically from week to week, a consequence of which can be unsteady income. This can significantly impact a worker's ability to plan for childcare and pay for necessities.
Furthermore, workers testified to the realities of not knowing until hours before their shift whether they'll be needed, or experiencing a sudden involuntary change of schedule. Part-time workers expressed that they are often expected to be available for full-time hours even though they know they'll work far less than that, limiting their ability to find a second job should they choose.
Both groups expressed the view that, through fairer and more predictable scheduling, reduced employee turnover, increased attendance, enhanced worker loyalty and a more balanced environment for employees could be achieved. The regulations advanced by the Department of Labor address the concerns of workers and businesses alike and will create a more stable, consistent environment for scheduling in New York workplaces.
