HR Compliance

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New York Call-In Pay (Reporting Time Pay)

active

New York requires employers to pay call-in pay when an employee reports to work as scheduled. An employee who reports to work must be paid for a minimum of 4 hours, or the number of hours in the scheduled shift (whichever is less), at the applicable minimum wage rate. Additional call-in pay rules apply when employees are required to report for split shifts or additional shifts on the same day.

Jurisdiction
NY (state)
Law Type
Reporting Time Pay
Status
active
Citation
NY Labor Law § 162
Regulatory Citation
12 NYCRR § 142-2.3
Effective Date
1960-01-01
Last Amended
2024-01-01
Last Verified
2026-01-15
Record Updated
2026-01-15

Applicability

Employee Types
non-exempt
Age Groups
adult, 16-17, 14-15

Requirements

Call In Pay
Minimum Hours
4
Rate
applicable minimum wage
Condition
Employee reports to work as scheduled or requested.
Lesser Of Rule
The minimum is 4 hours or the number of hours in the regularly scheduled shift, whichever is less.
Description
When an employee reports to work as scheduled, the employee must receive at least 4 hours of pay (or the number of hours in the regular shift if less than 4) at no less than the applicable minimum wage, regardless of whether work is actually provided.
Split Shift Call In
Minimum Hours Per Segment
4
Description
An employee required to report to work for a split shift must receive call-in pay for each segment of the shift. Each reporting constitutes a separate call-in with a minimum pay guarantee.
Additional Shift Call In
Minimum Hours
4
Description
An employee who is called in to work on a day not regularly scheduled, or for an additional shift beyond the regular schedule, is entitled to a minimum of 4 hours of call-in pay at the applicable minimum wage.
Exceptions
Description
Call-in pay may not be required when work cannot be performed due to conditions beyond the employer's control, such as severe weather, utility failures, or other emergencies.

Penalties

Employers who fail to pay call-in pay are liable for unpaid wages plus interest, liquidated damages equal to 100% of the underpayment, and reasonable attorney fees. The New York Department of Labor may also assess civil penalties.

Statute of limitations: 6 years

Notes

New York's call-in pay is more protective than many other states because it guarantees a 4-hour minimum (rather than the 2-hour minimum common in other jurisdictions like California). The rate is at the applicable minimum wage, which varies by region within New York State (NYC, Long Island, Westchester County, and the rest of the state may have different rates). Employers should track regional minimum wage rates to ensure compliance.

Sources