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Antiwork

NYS Shift minimums

The gas station I work at keeps scheduling me for 3 hour shifts which I thought were not legal in NYS (or at the least that my employer would then have to pay me for 4 hrs) but I keep finding conflicting information on what a minimum shift has to be (or what has to be paid) in NYS. Almost everywhere I look says an employer has to schedule you (or pay you) for at least 4 hours in one shift. However I've also found in section 142-2-3: (1) Reporting to work. An employee who by request or permission of the employer reports for work on any [day] shift shall be paid for at least four hours[, or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage] of call-in pay. This section also has the notation of “call-in pay” which from…


The gas station I work at keeps scheduling me for 3 hour shifts which I thought were not legal in NYS (or at the least that my employer would then have to pay me for 4 hrs) but I keep finding conflicting information on what a minimum shift has to be (or what has to be paid) in NYS. Almost everywhere I look says an employer has to schedule you (or pay you) for at least 4 hours in one shift.

However I've also found in section 142-2-3: (1) Reporting to work. An employee who by request or permission of the employer reports for work on any [day] shift shall be paid for at least four hours[, or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage] of call-in pay.

This section also has the notation of “call-in pay” which from every definition I can find does not apply to a normal shift. But I've learned not to trust logical ways of reading the law and was wondering if anyone has any appropriate knowledge/experience in this situation in NYS.

EDIT: I am over the age of 21 so no age laws would be applicable. I am also not in any possible way considered as working in the hospitality industry which I am aware has different regulations as well.

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