DOL Revises "Call-in Pay" Regs; Learn More on 12/18 Webinar
Register for the Webinar
Here
Earlier today, the state Department of Labor (DOL) posted revisions to already-proposed employee scheduling ("call-in pay") regulations.
DOL alerted HCA in late November that the proposed changes would be coming in the December 12, 2018 State Register. The newly proposed rule is on the
DOL website here
.
An initial version of these regulations was proposed on November 22, 2017, requiring employers to provide additional pay when a shift is cancelled or not scheduled within a certain advanced time requirement. It would also mandate additional pay for employees who are required to be in contact with the employer about a possible upcoming shift.
This new version of the rule will trigger yet another comment period where we will reiterate our call for the state to carve-out the home care, hospice and MLTC sectors from the proposed regulations should they be adopted.
December 18 HCA Webinar
As previously announced,
HCA will host a free members-only webinar on December 18 from 11 a.m. to noon
outlining the new "call-in pay" regulations.
This webinar will compare and contrast the updates and changes of the originally proposed rule with the current proposal. The program will be presented by Benjamin Wilkinson, Principal at Hinman Straub, HCA's contracted government affairs firm.
Summary of the new proposed rule
The newly revised proposed regulations include the provisions outlined below, with some similar features as well as changes to the original proposed rule.
- An employee who must report to work on any shift shall be paid for at least four hours. If an employee is scheduled and normally works a shift less than four hours, this amount of extra "call-in" pay may be reduced to that amount.
- When an employee must report to work for any shift, if the hours have not been scheduled at least 14 days in advance of the shift, the employee must be paid an additional two hours of call-in pay. Where an employer provides a weekly schedule, the 14-day period may be measured from the last day of the schedule. This "unscheduled shift" provision shall not apply to: (i) any new employee during the first two weeks of employment; or (ii) any employee who volunteers to cover a new shift or previously scheduled shift.
- An employee whose shift is cancelled by the employer must be paid for at least two hours of call-in pay if the shift is cancelled within 14 days, or for at least four hours of call-in pay if the shift is cancelled within 72 hours, in advance of the scheduled start of such shift. If an employee is scheduled and normally works a shift less than two or four hours, respectively, this amount of extra "call-in" pay may be reduced to that amount.
- An employee who is required by the employer to be available to report to work for any shift shall be paid for at least four hours of call-in pay.
- All employees are subject to these proposed regulations, except employees who are covered by a collective bargaining agreement that provides for call-in pay or to workers whose weekly wages total more than 40 times the basic hourly minimum wage rate. This second exception does not apply to employees in the first bullet above.
- The proposed regulations also do not apply to employees whose duties are directly dependent on weather conditions, or to employees whose duties are necessary to protect the health or safety of the public or any person, or to employees whose assignments are subject to work orders, or cancellations thereof; provided, however, that such employees also receive weekly compensation that exceeds the number of compensable hours worked times the applicable basic minimum wage rate, with no allowances. Again this exception does not apply to those referenced in the first bullet above.
