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Assembly adopts 'call-and-pay' protections for prevailing‑wage construction workers

New York State Assembly · June 1, 2026
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Summary

Lawmakers passed a bill that requires employers on prevailing‑wage jobs to pay a minimum amount when workers report and are sent home, or when shifts are canceled with short notice; labor supporters called it fairness, while critics warned about safety and public cost implications.

The Assembly approved legislation intended to protect construction workers from unpaid call‑ins and last‑minute canceled shifts on prevailing‑wage projects.

Sponsor Didi Cruz said the bill would require certain employers to pay workers a minimum of four hours at the prevailing rate when a worker reports for a scheduled shift and is sent home, and two hours pay when a shift is canceled within 12 hours of its scheduled start. "What we've seen too often are construction workers that show up and get sent home only to be given much less pay than they should," the sponsor said.

Labor leaders and unionized workers testified in support, saying the measure curbs unpredictable scheduling practices that leave families without income. Opponents — including some lawmakers — said the law could create perverse incentives, pressuring workers to remain on site in marginally safe conditions and risk increasing project costs for public-works contracts, potentially passing costs to taxpayers.

The Assembly passed the bill 128–11. Supporters said agreements and contracts on public projects can account for potential cancellations; critics urged narrower exceptions for weather, supply-chain failures and other events beyond an employer’s control.

Sponsor Cruz said the law focuses on fairness and predictability for workers on prevailing‑wage projects and that the bill applies both to public-works projects and private contracts covered by prevailing-wage rules.