New York construction workers gain new reporting pay protections

A new New York law takes effect Dec. 8 and requires construction employers to pay workers when shifts are canceled on short notice or when workers report to a job that does not start. Gorayeb & Associates says the change will affect both public and private projects and could also strengthen records that matter in injury cases.

Why it matters: - The Construction Reporting Pay Act raises the cost of last-minute schedule changes for New York construction employers. - The law also links predictable scheduling to safer worksites, a point that matters for both wage claims and injury cases. - Workers on public and private jobs will have clearer pay rights when they are told to show up and then sent home.

What happened: - Governor Kathy Hochul signed the Construction Reporting Pay Act on Sept. 9 as Chapter 291 of the Laws of 2026. - The law takes effect Dec. 8. - Gorayeb & Associates issued an advisory on the new rules and their impact on construction workers. - State legislative records show the state Senate passed the measure 50 to 10.

The details: - A construction worker whose shift is canceled with less than 12 hours' notice must be paid for two hours. - A worker who reports to a job at the employer's request must be paid for at least four hours. - If the scheduled shift is shorter than four hours, the worker must be paid for the length of the scheduled shift. - Public projects that pay prevailing wages under Section 220 and related statutes owe reporting pay at the full prevailing rate, including supplements. - The only exception is when the posted wage schedule already promises more. - Other construction jobs must pay the wage the worker was promised. - A cancellation inside the 12-hour window still costs the employer two hours of that promised wage. - Before the new law, New York reporting pay meant four hours at minimum wage.

Between the lines: - The change is a sharp increase in protection for trades workers, who often earn far more than minimum wage. - The legislation's findings tie reliable scheduling to a better and safer working environment. - Gorayeb & Associates argues that the same records used to prove a reporting pay claim can also help reconstruct what happened on a jobsite after an injury. - Those records include texts from a foreman, crew rosters and daily logs. - Christopher J. Gorayeb said workers should save the message that told them to come in and the one that canceled the shift. - Gorayeb also said employers that will not pay for showing up should be examined closely for how they handle safety.

What's next: - Workers and employers will need to adjust to the new reporting pay rules once enforcement begins Dec. 8. - Gorayeb & Associates says workers who keep scheduling records will be better positioned to enforce their rights. - The law is expected to create a new wage obligation for canceled shifts and no-start call-ins across New York construction sites.

The bottom line: - New York construction workers now have stronger pay rights when employers change plans at the last minute, and those same scheduling records may also matter if a worksite injury leads to a legal claim. - More information is available at the firm's website.