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

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).
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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)
When an additional hour of pay is due. 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).

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State Requirements

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New York Callback/ Report-In Pay Resources

TypeTitle
Policies On-call pay policy (standard)

Callback/ Report-In Pay Products

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We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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