Assemblyman Oaks Announces Public Comment Period For Businesses Affected By “Call-In” Wage Proposal

December 22, 2017

Assemblyman Bob Oaks (R,C-Macedon) would like businesses to be aware of a current public comment period (ending January 5, 2018) regarding the state’s “call-in” wage proposal. While current law requires businesses to pay employees for four hours of work if they are sent home early (at the decision of the business), the new proposal would increase the mandate on businesses to provide more pay, earlier notification and penalize businesses already struggling to meet the new minimum wage increase, new paid family leave policies and more mandates recently enacted.

“It does not benefit the government to micromanage the scheduling practices of a private business,” said Oaks. “The governor’s proposal continues his practice of attempting to circumvent legislative authority by creating a board of his appointees to consider a proposal that could negatively impact businesses and jobs in our community. These decisions should go through the legislative process so the public has a full opportunity to be made aware, review and consider them and then have a representative vote.”

Some of the provisions of the new proposal include increased pay from employers under the following conditions:

  • Reporting to work: If an employee is sent home early after working only 1 hour, four hours of call-in pay would be required, with the first hour of actual attendance at the employee’s regular rate of pay and three additional hours at the minimum wage;
  • Unscheduled shift: If an employee works a shift that was not scheduled 14 days in advance, two hours of call-in pay would be required at the minimum wage in addition to any wages earned during the shift;
  • Cancelled shift: If an employee’s shift is cancelled less than 72 hours before the shift begins, four hours of call-in pay would be required at the minimum wage;
  • On-call: If an employee is on call but doesn’t end up working, four hours of call-in pay would be required at minimum wage; and
  • Call for schedule: If an employee is asked to call in to see if they have to work less than 72 hours before a shift, four hours of call-in pay would be required at minimum wage.

To learn more about the proposal, please go to the state Department of Labor’s website at To submit your public comments, email by January 5, 2018.