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New York state scheduling rules open to public comment

New regulations around some staffing practices have been drafted by the New York State Department of Labor, and the public comment period remains open. The regulations center around “on-call” and “call-in” scheduling, and would have a major effect on any business involved in shift work. These proposed rules would revise the call-in pay requirement of the Minimum Wage Order for Miscellaneous Industries and Occupations. We are concerned that these regulations will create more administrative and financial challenges for our members.

A summary from the Business Council of New York State outlines the draft regulations as follows:

≤ Continue the current call-in pay practice of paying a minimum of four hours pay for employees who report to work and for whom no work is available.

≤ Require that employers pay workers who come to work for a shift not scheduled at least 14 days in advance an additional two hours of call-in pay.

≤ Require employers to pay workers who have a shift cancelled less than 72 hours prior to the start of that shift an additional four hours of call-in pay.

≤ Require employers who ask workers to call within 72 hours of the start of the shift to confirm whether to report to work or not to pay an additional 4 hours of call-in pay

Exceptions would be made for employees during work weeks when their weekly wages exceed 40 times the applicable minimum wage, employees covered by a collective bargaining agreement that expressly provides for call-in pay, new employees during their first two weeks of employment, regularly scheduled employees who volunteer to cover a shift scheduled for another employer, or provisions for shifts cancelled due to an act of God.

Call-in pay will be calculated at the basic minimum wage for your area and employer size. It is not considered hours worked for the purposed of calculating overtime. For example, in 2018 (when these rules are likely to be in place) if an Upstate employer asks an employee to work a shift which was not scheduled at least 14 days in advance — the employer must pay that worker an addition $20.80 (two hours x the minimum wage — $10.40).

This rule does not mandate 14-day advanced scheduling, but would result in increased labor costs for employers with lower wage and/or part-time employees who do not adopt the practice.

These new regulations were posted in the State Register Nov. 22, and a 45-day public comment period follows. That means the public comment period closes at the end of the first week in January.

The Chautauqua County Chamber of Commerce and Manufacturers Association of the Southern Tier will be submitting comments on behalf of our members, and anyone who would like to make their voice heard on this issue is welcome to email us at cccc@chautauquachamber.org.

Westfield-Barcelona Chamber Hosts “Fish” Contest

Just as Buffalo proudly displays its bison statues and Saratoga displays its horses, the Westfield area community will soon be known for its fish in recognition of its proximity to the tremendous fishing waters of Lake Erie. The Westfield-Barcelona Community Chamber of Commerce is taking orders for blank fish cutouts, which will be decorated and displayed throughout the community this coming summer. The fish dimensions are four by two feet, and 48 of them are available for organizations to purchase at a cost of $15 each. Then it’s up to the purchaser to decorate their fish however they see fit, and to make sure it’s weather-proof for outdoor display.

The decorated fish will be kept secret until they are unveiled on Friday, June 1 – the opening First Friday of the 2018 season. They will remain in place for the summer or until they are worn out or damaged. Businesses can display their fish project in front of their location, and others who don’t have a storefront will be given a designated spot. Locations of each of the fish will be numbered and mapped to encourage people to move about the town and village, and ballots to vote for favorite fish will be available for 25-cents each at First Friday on June 1. The winners of the contest will be announced later in the summer.

Anyone who wants to reserve a blank fish can get more information from Sue Poster, Community Chamber Coordinator, at sposter@chautauquachamber.org. Purchased fish will be delivered in February.

Rolling Hills

Radio Dec. 18

The third show of Rolling Hills Radio’s eighth season takes place on Monday, Dec. 18 at Shawbucks in Jamestown. Headliners for this show will be David Michael Miller and Almond&Olive.

Buffalo News Music Critic Jeff Miers said of David Michael Miller’s most recent recording, “This is one of the finest soul-based singers in our region…and also one of our most vibrant songwriters. Elements of gospel, R&B, electric blues and singer-songwriter leanings collide here to form a collection of elegant, stately and eminently grooving songs, delivered with consistent passion.”

Almond&Olive features two singer-songwriters: Natalie Alms and Ollie Davidson. Last January, they released their album Standing at the Precipice. Influenced by a variety of artists including Bob Dylan, Simon and Garfunkel, Joni Mitchell, and Mumford and Sons, Alex Gallacher of Folk Radio UK said they “layer steady acoustic guitar with the croon of a heartbroken harmonica, and rich harmonies with a hint of wavering grit.”

Rolling Hills Radio is a live musical performance which is recorded and then broadcast on WRFA 107.9FM. It is also now being videotaped for public access television on Access Channel 5 in Mayville. Tickets are available through the Chautauqua County Chamber of Commerce at www.chautauquachamber.org or at the door.

Get Your Shoptauqua Gift Cards Now

The Chautauqua County Chamber of Commerce and all of our Community Chambers encourage you to support your friends, neighbors, and community this year by shopping locally. It’s good for our economy, and you’re supporting people you know. One way to do that is to give the new Shoptauqua Gift Card, available at the Chamber. It can be used at more than 100 businesses right here in Chautauqua County. For more information visit the Chamber offices during normal business hours at 512 Falconer Street, Jamestown or 10785 Bennett Road, Dunkirk or call us at 484-1101 or 366-6200. Please be sure to get your Shoptauqua Gift Cards no later than Thursday, Dec. 21 to have them for Christmas giving! Thank you.

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