StatutePayFirst punch → last punch

New York · hospitality call-in · 12 NYCRR § 146-1.5 · not NYC Fair Workweek · not spread-of-hours

New York hospitality call-in is a 3-, 6-, or 8-hour floor: hours you actually worked at your rate, and the balance at the basic minimum wage with no tip credit.

12 NYCRR § 146-1.5 (Westlaw 12 CRR-NY 146-1.5, current through 15 December 2022): a hospitality employee who by request or permission reports for duty is paid, at the applicable wage rate, at least 3 hours for one shift, 6 for two shifts totaling six hours or less, or 8 for three shifts totaling eight hours or less (or the regularly scheduled shift if shorter). Actual attendance is at the regular or overtime rate minus any tip credit; the balance is at the 2026 basic minimum wage with no tip credit ($17 NYC / Long Island / Westchester, $16 rest of New York — DOL, 1 January 2026). The balance is not hours worked. This is not NYC Fair Workweek and not 12 NYCRR 146-1.6 spread-of-hours.

Sourced lines: 3 / 6 / 8 hour floor, split rate, 2026 basic MW

The official forms.labor.ny.gov/WP/CR146.pdf URL still fails TLS (unexpected EOF) and is not treated as a fetched body. The regulation text on this page is the Westlaw public reprint of 12 CRR-NY 146-1.5. The DOL hospitality FAQ paraphrases the same 3 / 6 / 8 floor and the split rate.

Reports for one shift, furnished 1h @ $20 NYC → $20 + 2h × $17 MW = $54
Two shifts reported, furnished 2h total @ $20 NYC → $40 + 4h × $17 = $108 (6-hour floor)
Three 1-hour shifts @ $20 NYC → $60 + 5h × $17 = $145 (8-hour floor)
Not spread-of-hours. Not NYC Fair Workweek $10–$75 / $100.

A regularly scheduled shift is a fixed, repeating shift on the same day of each week. If hours on that weekday change from week to week, there is no regularly scheduled shift, and the 3 / 6 / 8 floor is not capped shorter. Type scheduled hours on the day only when that repeating shift exists. Tip credit defaults to $0; if the employer takes one, subtract it from attendance only — the call-in balance stays at basic MW. Employees who voluntarily leave early are not entitled to additional call-in (DOL FAQ); that carve-out is labeled, not a computed toggle.

This is not the other New York pages

Spread-of-hours (first punch to last punch over 10 hours → +1 hour at basic MW) lives at /new-york-spread-of-hours/. NYC fast-food Fair Workweek ($10–$75 table and $100 clopening) lives at /nyc-fair-workweek/. Do not use this page for either.

In scope

  • Punches prove the employee reported by request or permission
  • 1 / 2 / 3 shifts → 3 / 6 / 8 hour floor (or regularly scheduled if shorter and entered)
  • Actual attendance at the regular rate (OT after weekly 40), minus any typed tip credit
  • Balance of the call-in period at 2026 basic MW ($17 NYC/LI/Westchester, $16 rest of NY), no tip credit
  • Balance is not hours worked and is not in the regular rate for overtime
  • FLSA weekly 40 on hours actually worked

Out of scope

  • NYC Admin. Code Fair Workweek ($10–$75 table, $100 clopening)
  • 12 NYCRR § 146-1.6 spread-of-hours (separate page)
  • Paying the entire 3/6/8 floor at the regular rate (the order splits attendance vs. balance)
  • Invented CR146.pdf text (the official PDF URL still TLS-fails)
  • A fourth-or-more-shift floor (the order stops at three shifts)
  • Voluntary early departure as a computed toggle; meal/lodging credits as an offset

FAQ

What is New York hospitality call-in pay under 12 NYCRR 146-1.5?

An employee who by request or permission of the employer reports for duty on any day, whether or not assigned to actual work, shall be paid at the applicable wage rate for at least three hours for one shift, six hours for two shifts totaling six hours or less, or eight hours for three shifts totaling eight hours or less, or the number of hours in the regularly scheduled shift, whichever is less. Sourced from Westlaw 12 CRR-NY 146-1.5 (current through 15 December 2022) and the NY DOL hospitality FAQ. The official CR146.pdf URL still fails TLS and is not treated as fetched.

Is the three-hour floor all at my $20 rate?

No. § 146-1.5(b): applicable wage rate means payment for time of actual attendance at the employee’s regular or overtime rate minus any customary and usual tip credit, and payment for the balance of the period at the basic minimum hourly rate with no tip credit subtracted. The balance is not payment for time worked and need not be in the regular rate for overtime. Example from the DOL FAQ shape: reports for one shift, furnished 1 hour at $20 in NYC → 1 hour at $20 + 2 hours at the $17.00 2026 basic minimum wage (DOL, 1 January 2026).

Is this NYC Fair Workweek or New York spread-of-hours?

Neither. NYC Fair Workweek (Admin. Code §§ 20-1222, 20-1231) is a different city statute with a $10–$75 schedule-change table and $100 clopening. Spread-of-hours is 12 NYCRR § 146-1.6 and already has its own page at /new-york-spread-of-hours/. This page is only 146-1.5 call-in pay.

What 2026 New York minimum wage is used for the balance?

The New York State Department of Labor hospitality / minimum-wage tables effective 1 January 2026: $17.00 per hour in New York City, Long Island, and Westchester, and $16.00 in the rest of the state. Those are the same figures already used on the spread-of-hours calculator. Tip credit defaults to $0 on this page — type a credit only if the employer actually takes one; the balance of the call-in period is still paid at basic MW with no tip credit.