Paterson, NJ asked in Employment Law for New York

Q: What are the minimum hours an employer must provide in NYS

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1 Lawyer Answer
Christopher Marlborough
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  • Lynbrook, NY
  • Licensed in New York

A: There are no minimum hour requirements.

Some employees can be paid premium pay when they are subject to scheduling changes on short notice.

New York State recognizes a right to "call-in pay," but only if the worker is required to report to work. Usually, restaurant or hotel workers are entitled to the lesser of the hours the employee was scheduled to work or three hours pay at the minimum wage rate. Workers in other industries may be entitled to the lesser of the hours the employee was scheduled to work or four hours’ pay at the minimum rate.

For retail and fast food workers in NYC, employers must give notice of an employee’s scheduling change. For example, 72-hours notice is required for fast food workers. If the notice is not timely, the employer may be required to pay a premium to the employee.

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