New York Callback/Report-In Pay laws & HR compliance analysis

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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New York Callback/Report-In Pay Resources

Type Title
Policies On-call Pay (Standard)
See all Callback/Report-In Pay Resources