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Managing On-Call And Waiting Time For New York Employees

New York employees wait for on-call opportunities.

According to the Bureau of Labor Statistics (BLS), there are approximately 2.8 million on-call workers in the United States. The BLS also states that on-call workers in New York are most likely to occupy positions in protective service, construction, healthcare, transportation, and technology. The International Labour Office calls on-call schedules “unstable,” claiming that they give workers little control over their lives while benefiting only employers. However, BLS statistics show that over 40% of on-call workers prefer this arrangement. This is the same percentage of employees who feel satisfied with traditional schedules. With effective management, both New York employees and their employers can benefit from this type of arrangement. Employees may want to discuss on-call management strategies with employer defense attorneys in New York, and these strategies may help mitigate various legal issues. To continue this conversation, consider calling Schwab & Gasparini. For the Syracuse office, call (315) 422-1333. For our Albany office, call (518) 591-4664. For our location in White Plains, dial (914) 304-4353. And for our office in Hudson Valley, call (914) 304-4353.

What Is the Definition of an On-Call Employee in New York?

When New York employees agree to an on-call schedule, they must be ready to attend work when notified by their employers. These notifications are often provided with little advance notice, requiring the on-call worker to arrive at the workplace as soon as possible. Workers leave designated time windows free, and their employers may call them for work opportunities during this “waiting time.” However, there is no real guarantee of a work opportunity during this period.

Do I Have to Pay My On-Call Workers for Being on Standby?

When managing on-call employees in New York, employers should consider both federal and state laws. They may also need to consider the specific circumstances of each worker and the nature of their schedules.

Federal Laws Regarding On-Call Workers

Federal laws regarding on-call workers fall under the Fair Labor Standards Act (FLSA). Under this set of federal employment laws, employees may be “on-call” if they are unable to use their waiting time for personal leisure purposes. For example, an on-call worker may watch television or play video games while waiting at home on “standby.” Other workers may have less freedom while on standby, and they may not be able to leave their physical workplace while waiting. For example, a waitress may have the freedom to scroll through her phone while waiting for customers – but she cannot leave the restaurant. Federal law states that on-call hours may be compensable, but this depends on the specific circumstances. Normal “sleep time” is rarely compensable for on-call employees.

On-call or standby hours may count toward calculations for overtime pay. Employers may want to speak with employment lawyers to assess the unique roles, duties, and schedules of their workers and determine whether these hours are compensable. On-call laws can be complex, and federal courts approach these situations on a case-by-case basis. Consider speaking with Schwab & Gasparini to determine whether on-call hours are compensable.

New York State Laws Regarding On-Call Workers

In New York City retail and fast food workers have specific rights regarding on-call schedules. Employers must give retail workers at least 72 hours of advance notice before creating their work schedules. Once this schedule is set, employers cannot request on-call shifts within 72 hours of the start of the normal shift. Finally, employers of retail workers cannot add shifts to an existing schedule or cancel shifts without providing 72 hours of advance notice. Fast food workers must receive their schedules two weeks in advance.

According to the New York State Attorney General, workers scheduled to work on a specific day may receive “call-in pay” if their employers send them home after arrival at the workplace. Restaurant and hotel workers in New York City must receive at least three hours of call-in pay per shift, even if their employers send them home without a single hour worked.

On-Call Time for Rideshare and Food Delivery Workers

Many federal and state laws regarding on-call hours only apply to employees. Independent contractors also spend considerable time waiting, including food delivery and rideshare drivers. Independent contractors generally do not receive payment for waiting time. Instead, they only receive payment when they are actually engaged in work-related duties. Often, these workers do not receive hourly payment at all, and their compensation may be based on the number of trips or deliveries completed.

That being said, employers should be careful not to rely heavily on independent contractor exemptions. If a contractor feels that they were not compensated for the work they completed, they may consider legal action. Employment courts could determine that the contractor was “misclassified,” and that they should have received payment as an employee. Misclassification is a common example of an employment law violation.

Tips for Creating On-Call Schedules in New York

The key to an effective, compliant on-call schedule is clear communication. Before implementing such a schedule, employers should discuss the new system with their employees. Part of this discussion should involve clearly defining what on-call means. After implementing the schedule, employers should continue to communicate effectively, especially when it comes to notifying workers of scheduling changes. Consider digital systems that allow easy check-ins and confirmations. Employers should also ensure workers with appropriate skills, experience, and qualifications are on-call for demanding tasks.

Learn More About Employment Laws With Schwab & Gasparini

On-call work schedules are becoming more common, and many employers are adopting this approach in New York. However, employers must carefully manage these schedules to experience the full benefits of on-call work. A poorly designed on-call schedule can cause various legal issues, and New York employees may have the right to sue if employers fail to follow certain guidelines. In addition, ineffective on-call management could lead to an unsustainable, problematic work culture. To learn more about the proper on-call management and legal compliance, consider speaking with an experienced employer defense attorney in New York. Employers may call (315) 422-1333 to reach Schwab & Gasparini at our Syracuse office. Employers located in Albany may call (518) 591-4664. For White Plains, dial (914) 304-4353. And for Hudson Valley, call (914) 304-4353.

Mon Mar 10 2025, 12:00am