NYS Department of Labor Announces It Will Not Pursue Sweeping Employee Work Scheduling Regulations

Wednesday, March 13, 2019

The NYS Department of Labor (NYSDOL) has announced that it does not intend to pursue proposed regulations to address what is commonly known as “call-in” or “just-in time” employee work schedule arrangements, common practices by which employers cancel or schedule shifts before or after the start of an employee’s regularly scheduled shift. As discussed in our earlier legal alert, NYS Department of Labor Issues Revised Employee Work Scheduling Regulations, the most recent set of proposed regulations was issued in December 2019 and subject to a thirty (30) day comment period.

The NYSDOL’s website states, “Based on extensive feedback in the subsequent comment period, it was clear the Department’s initial intent to support workers while being fair to businesses was viewed as a one-size-fits-all approach that was not appropriate for every industry. Comments on the revised rules, issued in late 2018, indicated that significant issues remained, and the revisions did not achieve the balance of certainty and flexibility for either workers or businesses. At this time, due to the constraints of the regulatory process, the best course of action is to let this process expire and re-evaluate in the future, likely in concert with the Legislature, which would have a broader authority and better legal standing than Department of Labor regulations alone to balance the various needs of workers, businesses and industries.”

Many pro-business groups are praising the NYSDOL’s decision to abandon, for now, the rule-making process for call-in scheduling. Such regulations have been viewed as very burdensome by employers and were criticized as not being in line with various industries’ necessary scheduling practices.

Our labor and employment practice group will continue to provide updates for our clients if and when renewed regulatory and/or legislative efforts to address the issue of employee work scheduling arrangements are undertaken.

Please contact any of the attorneys below from our labor and employment practice group if you have any questions.


Richard J. Andino
S. Alexander Berlucchi
Melinda B. Bowe
John R. Langey
Christopher M. Militello
Michael A. Tremont


This communication is not intended to serve as legal advice.
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Costello, Cooney & Fearon, PLLC has provided expert and diverse legal services to Syracuse and surrounding communities for more than 100 years.