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).
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
• Babysitters and companions
• 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)