Governor Moves to Make Work Schedules More Predictable

New York Governor Andrew Cuomo is pushing forward regulations meant to give employees that get paid hourly more predictable work schedules. The new state rules would require business owners to set worker's schedules two weeks in advance and pay them extra for last minute changes. Employers would also have to pay their workers for at least four hours of work if they cancel a shift or end it early.

The extra pay is supposed to act as a disincentive for employers who require workers to be on-call, says Stuart Applebaum, executive vice president of the Retail, Wholesale and Department Store Union.  

"Employers have felt that it's easier to keep a pool of workers in limbo in case they might be needed since there is no penalty," said Appelbaum. "These regulations turn that around."

The Business Council of New York State said that while business owners do need the flexibility to respond to fluctuations in customer demand, most do not require workers to be on-call. 

Last May, New York City passed a law that that bans on-call shifts outright, but only for fast-food and retail workers. The city law also requires that fast-food employers offer their current workers any new shifts prior to hiring someone else. 

Many fast-food and retail workers are only employed part-time and complain that they can't go to school or get a second job when their schedules are so unpredictable. 

The Business Council called the regulations burdensome. 

"It comes on the heels of a minimum wage increase which is still being implemented and then, coming January 1 of next year, the Paid Family Leave Act implementation," said spokesman Zack Hutchins.

The state regulations are subject to a 45-day public comment period.

"The newly released state regulations—which cover many industries, including retail, beauty salons and barbers, construction, and more — work to strengthen existing protections for workers," said Abbey Fashouer, a spokesperson for the governor. "While the city law is limited to fast-food and retail workers, these new regulations cover more employees, more industries and offer enhanced protections statewide."

Generally speaking, she said, state law supersedes city ordinances.