New York Call-In & Reporting Pay Rules: Statutory Analysis
A comprehensive legal analysis of New York State reporting time pay, contrasting the Hospitality Wage Order’s 3/6/8-hour shift guarantees against the Miscellaneous Industries 4-hour rule.
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1. The Legal Purpose of Call-In Pay
Call-in pay (frequently called "reporting pay" or "show-up pay") is a statutory wage guarantee designed to compensate employees for the travel time, childcare arrangements, and opportunity costs incurred when they report for a scheduled shift, only to be sent home early because customer traffic is slow or management overstaffed.
2. Hospitality Wage Order Rules (12 NYCRR § 146-1.5)
In the restaurant and hotel industry, call-in pay obligations depend directly on the number of distinct shifts an employee was scheduled to work on that business day:
| Scheduled Shift Count | Statutory Minimum Guarantee | Shift Cap Provision |
|---|---|---|
| 1 Shift | 3 Hours | Or scheduled shift duration if less than 3 hours |
| 2 Shifts | 6 Hours | Or total scheduled hours if less than 6 hours |
| 3 Shifts | 8 Hours | Or total scheduled hours if less than 8 hours |
3. Miscellaneous Industries Rule (12 NYCRR § 142-2.3)
For employees outside the hospitality industry (e.g., retail sales clerks, administrative assistants, warehouse personnel), 12 NYCRR § 142-2.3 establishes a universal 4-hour rule:
"An employee who by request or permission of the employer reports for work on any day shall be paid for at least four hours, or for the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage."
4. Statutory Rate Schedules, Tip Credit Rules & Wage Offset Formula
Under 12 NYCRR § 146-1.5(b)(2) and § 142-2.3, statutory call-in reporting guarantees for unworked hours are computed strictly against the basic statutory minimum wage floor for the geographic region. Employers may never apply a tip credit to reduce unworked call-in compensation (though customary tip credits may apply to actual attendance hours worked under § 146-1.5(b)(1) if statutory tip conditions are satisfied).
| Effective Period | Downstate (NYC, Long Island, Westchester) | Upstate (Remainder of State) | Statutory Basis |
|---|---|---|---|
| 2024 Calendar Year | $16.00 / hr | $15.00 / hr | NYLL § 652(1) |
| 2025 Calendar Year | $16.50 / hr | $15.50 / hr | NYLL § 652(1) |
| 2026 – 2027 | $17.00 / hr | $16.00 / hr | Confirmed (Off-Ramp Freeze) |
| 2028 and beyond | Unpromulgated | Unpromulgated | Subject to future DOL rulemaking |
Actual Earnings & Wage Offset Mechanics by Wage Order
How actual earnings interact with call-in pay depends strictly on the applicable New York Wage Order:
Hospitality Industry (12 NYCRR § 146-1.5(b)):
Actual Attendance Pay = Actual Hours Worked × Regular/Overtime Rate
Call-In Premium Owed = Unworked Guaranteed Hours × Basic Minimum Wage
Total Day Earnings = Actual Attendance Pay + Call-In Premium Owed
Miscellaneous Industries (12 NYCRR § 142-2.3):
Call-In Premium Owed = Max(0, [Guaranteed Hours × Basic Minimum Wage] − Actual Earnings Paid)
For example, under the Hospitality Wage Order (12 NYCRR § 146-1.5), if a NYC restaurant server scheduled for 8 hours is guaranteed 3 hours and sent home after working 1.5 hours at a regular rate of $20.00/hr, the employee earns $30.00 for actual attendance (1.5 hrs × $20.00) plus a call-in premium of $25.50 for the 1.5 unworked guaranteed hours (1.5 hrs × $17.00 basic minimum wage), totaling $55.50 for the day. Under the Miscellaneous Industries Wage Order (12 NYCRR § 142-2.3), if a worker is guaranteed 4 hours at the $17.00 floor ($68.00 guarantee) and earns $30.00 for worked hours, the call-in premium is $38.00 ($68.00 − $30.00), bringing total day earnings to the $68.00 statutory guarantee floor.
Frequently Asked Questions
What triggers call-in pay in New York State?
Under New York wage orders, call-in pay is triggered whenever an employee reports for work by request or permission of the employer, but is given less work than their statutory guaranteed hours or regularly scheduled shift.
How much call-in pay is owed to restaurant workers in New York?
Under 12 NYCRR § 146-1.5, a hospitality employee reporting for one shift is guaranteed at least 3 hours (or their scheduled shift duration if less). Actual attendance hours are paid at their regular rate (subject to customary tip credits if eligible under § 146-1.5(b)(1)), while each unworked guaranteed hour must be paid at the basic minimum wage ($17.00 Downstate, $16.00 Upstate in 2026) with zero tip credit allowed under § 146-1.5(b)(2).
What is the call-in rule for non-hospitality workers in New York?
Under 12 NYCRR § 142-2.3, an employee in retail, office, or other miscellaneous industries who reports for work on any day must be paid for at least 4 hours, or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage.
Can an employer reduce call-in pay by applying a tip credit?
On unworked guaranteed call-in hours, no. Under 12 NYCRR § 146-1.5(b)(2) and § 142-2.3, unworked call-in guaranteed hours must be paid at the full basic statutory minimum wage rate with zero tip credit allowance. While employers may claim a lawful tip credit on hours of actual attendance if all notice and statutory wage conditions are satisfied, tip credits can never reduce the unworked reporting guarantee.