New York Call-In Pay: Get Paid Even If Sent Home Early (2025)
You show up for your scheduled shift ready to work. Your boss takes one look at how slow business is and sends you home after 30 minutes. Do you only get paid for that half hour?
Not in New York. The state’s call-in pay law protects workers who report for their scheduled shift but get sent home early. Under New York’s reporting pay requirements, your employer must pay you for a minimum number of hours even if you don’t actually work them all.
This protection ensures you don’t waste time and money traveling to work only to lose most of your expected wages. Here’s everything you need to know about New York call-in pay and how to claim it if your employer isn’t following the rules.
What Is Call-In Pay (Reporting Pay)?
Call-in pay, also known as reporting pay or show-up pay, requires employers to pay workers for a minimum number of hours when they report for a scheduled shift.
The rule recognizes that employees plan their lives around work schedules. You might turn down other opportunities, arrange childcare, or spend money on transportation based on your expected work hours. If your employer sends you home after a few minutes, you’ve already incurred those costs and lost that time.
New York’s call-in pay law protects most non-exempt employees across the state. It applies whether you work full-time or part-time, and regardless of your industry (with limited exceptions).
The law is codified in 12 NYCRR § 142-2.3 of the New York Codes, Rules and Regulations. This regulation establishes clear minimum payment requirements when workers show up as scheduled.
New York Call-In Pay Requirements
New York’s call-in pay rule is straightforward: when you report for your scheduled shift, your employer must pay you for at least 4 hours OR the length of your scheduled shift, whichever is less.
You must be paid at your regular rate of pay, not a reduced rate.
Here’s how it works:
For shifts scheduled 4 hours or longer: You must be paid for at least 4 hours, even if sent home immediately.
For shifts scheduled less than 4 hours: You must be paid for the full length of the scheduled shift, even if sent home early or immediately.
The payment requirement applies from the moment you report for work. You don’t need to actually perform any work to qualify. Simply showing up as scheduled triggers the payment obligation.
The call-in pay must be paid at your regular hourly rate. If you normally earn $20 per hour and report for a shift but are sent home, you’re entitled to 4 hours at $20 per hour ($80 total), not a reduced amount.
Important clarification: Call-in pay does NOT apply if you voluntarily decide to leave work early. The requirement only kicks in when your employer makes the decision to send you home or not allow you to work your scheduled hours.
Who Is Covered by Call-In Pay Rules?
New York’s call-in pay requirements apply to most hourly, non-exempt employees throughout the state. This includes workers in:
- Retail stores and shops
- Restaurants, bars, and food service
- Hotels and hospitality
- Healthcare facilities
- Manufacturing and warehouses
- Office and administrative roles
- Service industries
The law covers both full-time and part-time employees. Your employment status doesn’t matter—only whether you have a scheduled shift.
Who is NOT covered:
Some categories of workers are exempt from call-in pay requirements:
- Exempt salaried employees (those not entitled to overtime pay)
- Independent contractors
- Certain farm and agricultural workers
- Some executive, administrative, and professional employees
- Volunteers and unpaid interns
Additionally, some industry-specific exceptions may apply under federal law or other regulations. If you work in transportation, certain healthcare roles, or other specialized fields, different rules might govern your situation.
The law applies uniformly across all regions of New York State, from New York City to Buffalo to rural areas. There are no geographic exceptions within the state.
Examples: When Call-In Pay Is Required
Understanding how call-in pay works in practice helps you recognize when you’re entitled to it. Here are detailed scenarios:
Example 1: Sent home after one hour (8-hour scheduled shift)
Maria is scheduled to work from 9 AM to 5 PM (8 hours) at a retail store. At 10 AM, her manager says business is slow and sends her home after just one hour of work.
Call-in pay entitlement: Maria must be paid for 4 hours (the minimum), even though she only worked 1 hour. If her regular rate is $18/hour, she’s owed $72 (4 hours × $18).
Example 2: Short scheduled shift (3 hours)
James is scheduled for a 3-hour shift from 6 PM to 9 PM at a restaurant. When he arrives at 6 PM, the manager tells him they’re overstaffed and sends him home immediately.
Call-in pay entitlement: Because James was scheduled for only 3 hours (less than 4), he must be paid for the full 3-hour scheduled shift. If he earns $16/hour, he’s owed $48 (3 hours × $16).
Example 3: Sent home after 2.5 hours (6-hour scheduled shift)
Sarah is scheduled to work 10 AM to 4 PM (6 hours). After working until 12:30 PM (2.5 hours), her supervisor sends her home due to equipment problems.
Call-in pay entitlement: Sarah must be paid for 4 hours minimum. She already worked 2.5 hours, so she’s entitled to payment for 4 hours total at her regular rate. If she earns $22/hour, she gets $88 (4 hours × $22).
Example 4: Called in on day off, then sent home
David isn’t originally scheduled to work Tuesday. His manager calls him Monday night asking him to come in Tuesday at 8 AM. David agrees and reports Tuesday morning, but the manager immediately says they don’t need him after all.
Call-in pay entitlement: This is trickier. If David reasonably believed he had a scheduled shift (his manager asked him to come in at a specific time), the call-in pay requirement likely applies. He should be paid for 4 hours. However, employers sometimes argue that informal “on-call” arrangements don’t create scheduled shifts. Documentation of the request helps prove the entitlement.
Example 5: Scheduled 2-hour shift
Chen is scheduled for a short 2-hour shift from 11 AM to 1 PM to cover a lunch rush. He arrives at 11 AM, but the manager says they’re not busy and sends him home after 15 minutes.
Call-in pay entitlement: Chen must be paid for the full 2-hour scheduled shift (since 2 hours is less than the 4-hour minimum). If he earns $17/hour, he’s owed $34 (2 hours × $17).
The key principle: you must be paid for at least the scheduled shift length OR 4 hours, whichever is LESS. You get the benefit of the rule that provides more pay.
Call-In Pay vs Spread of Hours: You May Get Both
New York has another unique wage protection called spread of hours pay. It’s completely separate from call-in pay, and you can be entitled to both on the same day.
Spread of hours pay requires employers to pay an extra hour at minimum wage when your workday “spread” exceeds 10 hours. The spread is calculated from the start of your first work activity to the end of your last work activity, including unpaid breaks.
Here’s how both rules can apply together:
Example: Restaurant server scenario
Alicia works as a server at a restaurant. She’s scheduled for a split shift: 11 AM to 2 PM (lunch), then 5 PM to 10 PM (dinner). That’s 6 hours of scheduled work time, but an 11-hour spread (from 11 AM to 10 PM).
During her lunch shift, business is very slow. At noon (after 1 hour), the manager sends her home and tells her not to return for the dinner shift.
Call-in pay entitlement: Alicia is owed 4 hours of pay (the minimum) for reporting to her scheduled shift.
Spread of hours pay: Because her spread would have exceeded 10 hours if she’d worked her full schedule, and she was sent home through no fault of her own, she may also be entitled to the spread of hours extra hour. This is a complex area, and she should consult with an employment attorney.
The important takeaway: these are separate protections under New York law. Don’t assume that getting one means you can’t get the other. Learn more about Spread of Hours Pay New York requirements.
Common Employer Violations
Many employers either don’t know about New York’s call-in pay requirements or deliberately ignore them to save money. Here are the most common violations:
1. Not paying call-in pay at all
The most blatant violation: sending workers home early and only paying for actual hours worked, ignoring the call-in pay requirement entirely.
Example: You’re scheduled for 8 hours but sent home after 1 hour. Your paycheck shows 1 hour of pay instead of the required 4 hours.
2. Paying less than the required minimum
Some employers pay a token amount but less than the law requires.
Example: You’re sent home from a scheduled 8-hour shift after 30 minutes. Your employer pays you for 2 hours instead of the required 4 hours.
3. Paying at a reduced rate
Call-in pay must be paid at your regular rate, not minimum wage or a reduced rate.
Example: You normally earn $25/hour. You’re sent home after 1 hour of an 8-hour shift. Your employer pays 4 hours (correct duration) but at minimum wage ($16/hour = $64) instead of your regular rate ($25/hour = $100).
4. Claiming exceptions that don’t apply
Employers sometimes invent reasons why call-in pay doesn’t apply to your situation.
Common false claims:
- “You’re part-time, so it doesn’t apply” (FALSE—it applies to part-timers)
- “We’re a small business, so we’re exempt” (FALSE—business size doesn’t create an exemption)
- “You agreed to leave early, so we don’t have to pay” (Only true if YOU voluntarily chose to leave without employer pressure)
5. Misclassifying workers as exempt
Some employers wrongly classify hourly workers as exempt salaried employees to avoid call-in pay and overtime requirements. Unless you meet specific criteria for exemption, this is illegal.
6. Retaliating against workers who request call-in pay
It’s illegal for employers to punish workers for asserting their rights. Retaliation can include:
- Reducing your hours or shifts
- Assigning you undesirable tasks
- Creating a hostile work environment
- Terminating your employment
If you face retaliation for requesting call-in pay, you have additional legal claims beyond the unpaid wages.
When Call-In Pay Does NOT Apply
While New York’s call-in pay law provides strong protections, certain situations fall outside its scope. Understanding these exceptions helps you know when the requirement genuinely doesn’t apply:
1. Employee voluntarily leaves
If YOU decide to go home early without employer pressure or suggestion, call-in pay doesn’t apply. The key is who makes the decision.
Example: You feel sick an hour into your shift and ask to leave. Your employer agrees. This is your choice, so call-in pay isn’t required.
However: If your employer suggests you leave or creates pressure to leave, it’s not truly voluntary. “Would you like to go home?” when business is slow isn’t necessarily a free choice.
2. Legitimate emergency situations
Genuine emergencies that make work impossible can excuse call-in pay obligations.
Examples that may qualify:
- Natural disasters (hurricanes, floods, severe storms)
- Building emergencies (fire, gas leak, structural damage)
- Public safety orders (evacuation orders, emergency closures)
- Sudden equipment failures that make work impossible and unsafe
The emergency must be real and unexpected. Routine equipment issues or predictable slow business don’t qualify.
3. Employee fails to report as scheduled
Call-in pay only applies when you actually show up for your scheduled shift. If you don’t report for work, the requirement doesn’t trigger.
Example: You’re scheduled for a shift but call in sick and don’t go to work. No call-in pay is required.
4. No scheduled shift existed
You must have a scheduled shift to claim call-in pay. Being “on-call” without a specific scheduled time may not qualify, depending on the circumstances.
However: If your employer establishes a regular pattern or makes specific scheduling commitments, you may still have a claim even without formal scheduling.
5. Employer pays you for the full scheduled shift anyway
If your employer sends you home but pays you for all the hours you were originally scheduled, there’s no call-in pay violation. You’re getting what you’re entitled to.
6. Legitimate safety concerns
If your employer sends you home due to genuine safety concerns (you’re impaired, unsafe conditions specific to you), call-in pay may not apply. But the safety concern must be real and immediate, not pretextual.
These exceptions are narrower than many employers claim. When in doubt, consult with an employment attorney to determine if your situation truly falls outside the law’s protections.
How to Calculate Call-In Pay
Calculating your call-in pay entitlement is straightforward once you know the rule. Follow these steps:
Step 1: Identify your scheduled shift length
How many hours were you originally scheduled to work? Count the full scheduled duration, not what you actually worked.
Step 2: Compare to 4-hour minimum
Is your scheduled shift less than 4 hours or 4+ hours?
- If scheduled shift is 4+ hours: You’re entitled to minimum 4 hours of pay
- If scheduled shift is less than 4 hours: You’re entitled to pay for the full scheduled shift length
Step 3: Multiply by your regular hourly rate
Take the number of hours from Step 2 and multiply by your regular hourly rate (not minimum wage, your actual rate).
Step 4: Subtract hours already paid
If you worked some hours before being sent home, subtract those from the calculation to find what you’re still owed.
Calculation Examples:
Example A: Standard scenario
- Scheduled shift: 8 hours (9 AM – 5 PM)
- Hours actually worked: 1.5 hours
- Regular rate: $20/hour
Calculation:
- Scheduled shift (8 hours) is more than 4 hours → entitled to 4 hours minimum
- 4 hours × $20/hour = $80 total call-in pay
- Already worked 1.5 hours ($30)
- Additional amount owed: $80 – $30 = $50
Example B: Short shift
- Scheduled shift: 3 hours (6 PM – 9 PM)
- Hours actually worked: 0 hours (sent home immediately)
- Regular rate: $18/hour
Calculation:
- Scheduled shift (3 hours) is less than 4 hours → entitled to 3 hours
- 3 hours × $18/hour = $54 total call-in pay
- Already worked 0 hours ($0)
- Additional amount owed: $54
Example C: Partial work on longer shift
- Scheduled shift: 10 hours (7 AM – 5 PM)
- Hours actually worked: 3 hours
- Regular rate: $24/hour
Calculation:
- Scheduled shift (10 hours) is more than 4 hours → entitled to 4 hours minimum
- 4 hours × $24/hour = $96 total call-in pay
- Already worked 3 hours ($72)
- Additional amount owed: $96 – $72 = $24
Example D: Exactly 4 hours scheduled
- Scheduled shift: 4 hours (11 AM – 3 PM)
- Hours actually worked: 45 minutes
- Regular rate: $19/hour
Calculation:
- Scheduled shift (4 hours) equals the minimum → entitled to 4 hours
- 4 hours × $19/hour = $76 total call-in pay
- Already worked 0.75 hours ($14.25)
- Additional amount owed: $76 – $14.25 = $61.75
Keep records of your scheduled shifts, actual hours worked, and pay received to support your calculation if you need to file a claim.
Claiming Unpaid Call-In Pay
If your employer hasn’t paid the call-in pay you’re owed, you have legal options to recover it. New York provides multiple paths for claiming unpaid wages.
Filing with the New York Department of Labor
The fastest and most accessible option is filing a wage complaint with the New York State Department of Labor (NYDOL). This process is free and doesn’t require an attorney.
Steps to file:
- Visit the NYDOL website or local office
- Complete the wage complaint form (LS 223)
- Submit documentation supporting your claim
- NYDOL investigates and may order your employer to pay
The NYDOL has authority to assess penalties against employers who violate wage laws, which can increase your recovery beyond just the unpaid wages.
Documentation you’ll need:
Strong documentation significantly improves your chances of success. Gather:
- Work schedules showing your scheduled shifts
- Time records or punch cards showing when you actually worked
- Pay stubs showing what you were paid
- Text messages or emails about being sent home
- Written scheduling communications
- Photos of posted schedules
- Any written policies about call-in pay
Even if you don’t have perfect documentation, file your claim anyway. Your testimony and any partial records you have can still support your case.
Statute of limitations: 6 years
In New York, you have 6 years from the date of the violation to file a wage claim. This is longer than many other states, giving you substantial time to pursue your claim.
However, don’t wait unnecessarily. The sooner you file, the fresher the evidence and the easier it is to prove your case.
Liquidated damages: Double recovery
New York labor law provides for liquidated damages equal to 100% of the unpaid wages in many cases. This means you can potentially recover double what you’re owed.
Example: If your employer owes you $500 in unpaid call-in pay, you might recover $1,000 ($500 unpaid wages + $500 liquidated damages).
Liquidated damages serve as a penalty for employer violations and recognize the harm caused by wage theft.
Legal representation
While you can file NYDOL complaints without an attorney, consulting with an employment lawyer can be valuable, especially if:
- Your claim is large or complex
- Your employer is challenging your claim
- You experienced retaliation
- You have multiple wage violations
Many employment attorneys offer free consultations and work on contingency (they only get paid if you recover money). They can also pursue additional damages and claims beyond what NYDOL handles.
Protection against retaliation
New York law prohibits employers from retaliating against workers who file wage complaints or assert their rights. If you face retaliation, you have additional legal claims that can result in reinstatement, back pay, and damages.
Don’t let fear of retaliation prevent you from claiming wages you’ve earned. The law is on your side.
For more information about recovering unpaid wages in New York, see our comprehensive guide on Unpaid Wages New York.
Know Your Rights to Call-In Pay
New York’s call-in pay law provides essential protection for workers who show up ready to work but get sent home early. The rule is clear: 4 hours of pay OR your scheduled shift length, whichever is less, at your regular rate.
Don’t let employers take advantage of you by ignoring this requirement. If you report for work as scheduled, you’ve earned that minimum payment regardless of how long you actually work.
Key takeaways:
- Call-in pay applies when your employer sends you home, not when you voluntarily leave
- You must be paid at your regular rate, not a reduced rate
- The law covers most non-exempt employees across all industries
- You can claim unpaid call-in pay for up to 6 years
- Liquidated damages can double your recovery
If your employer routinely sends you home early without paying call-in pay, you may be owed substantial back wages. Document every incident and consider filing a claim with the New York Department of Labor.
For comprehensive information about all wage and hour protections in New York, visit our New York Wages and Hours Hub. You’ll find detailed guides on New York Minimum Wage, overtime requirements, and other essential worker rights.
Understanding your rights is the first step to ensuring you get paid what you’ve earned.
Legal Disclaimer: This article provides general information about New York call-in pay laws and should not be considered legal advice. Employment law can be complex, and specific situations may have unique factors affecting your rights. For advice about your particular circumstances, consult with a qualified New York employment attorney. Laws and regulations may change after this article’s publication date.