**UPDATED** December 18, 2017: NFIB submitted a formal letter to the Department of Labor outlining concerns with the proposed regulations related to predictive scheduling or “call-in pay requirements.” State Director Mike Durant warned that “one-size-fits-all” regulations disproportionately impact small business and encouraged that any final regulations provide an exemption for small business.
(Nov. 17): NFIB/NY State Director Mike Durant appeared on Capital Tonight interview “Small Business Community Opposes Scheduling Regulations” on Nov. 17, 2017.
What is the proposed predictive scheduling regulation?
Following hearings held during the fall on the issue of employee scheduling, Governor Cuomo and the New York State Department of Labor issued proposed regulations to:
-Establish a 14-day notice for scheduling and give employees two hours extra pay for last minute shifts assigned without two weeks notice
-Require employers to provide on-call employees four hours of pay if they are called to work or pay at least four hours for shifts canceled within 72 hours of the shift’s start time.
The proposed rule was published in the November 22nd State Register and is subject to a 45-day comment period that ends in early January. If there are substantial changes to the proposal, the agency will again publish the proposed rule in the State Register and open up another 30-day comment period.
How is NFIB fighting for you as an employer?
NFIB submitted a formal letter to the Department of Labor expressing concerns about the proposed regulations. In the letter, NFIB outlined the differences between small and large businesses and asked for an exemption for small businesses from any new regulations.
NFIB/NY emphasized that a “one-size-fits-all” approach disproportionately impacts small businesses that face unique challenges. For example, many small businesses lack a human resources department to manage complex schedules. Small businesses also do not have the same market position as some large operations, and small businesses must accept opportunities as they arise. Small business owners– especially those in industries like construction and hospitality– cannot always anticipate needs weeks or days in advance.
In its letter, NFIB referenced regulations enacted in Seattle, San Francisco and the state of Oregon, which all rejected a “one-size-fits-all” approach and encouraged New York State to do the same.
The December letter to the Department echoed earlier comments NFIB/NY submitted to the Department of Labor in October, during the hearing process and prior to the release of the draft regulations. The earlier letter similarly outlined concerns about the administrative and financial burdens that any proposed scheduling regulations could impose on small businesses.
As the rulemaking process continues, NFIB is actively representing the interests of small business owners in on-going discussions with lawmakers and the business community. Small business owners in New York can rest assured that we are advocating for your rights to retain flexibility and adjust when unpredictable or unavoidable circumstances arise.
NFIB also will be providing testimony at an upcoming legislative hearing on the topic on January 4, 2018. If you are interested in testifying, email [email protected] or submit your comments to: [email protected]
How can you as a small business owner encourage a sensible approach to scheduling?
Send lawmakers an email to say NO to a predictive scheduling mandate.