New York Construction Reporting Pay Act
October 29, 2026
At A Glance
- Effective December 8, 2026, the Construction Reporting Pay Act imposes new obligations on construction employers in the state of New York.
- This new law generally requires employers to compensate employees when shifts are canceled with less than 12 hours’ notice or if a regularly scheduled shift is shorter than four hours.
- There are special considerations for public works construction projects.
New Compliance Requirements for New York Construction Employers
New York recently adopted the Construction Reporting Pay Act, imposing new obligations on construction employers operating in the state. Effective December 8, 2026, this new law requires employers to pay employees who report for work up to four hours of work even when there are not four hours of actual work to perform.
In general, New York’s Reporting Pay Act requires that construction workers reporting to work at the employer’s request must be paid if there is not sufficient work to perform the full shift. The required amount is the equivalent of four hours of work or the duration of the employee’s scheduled shift, whichever is less.
If a shift is canceled with less than 12 hours’ notice, the employer must pay affected employees for two hours of work. Any reporting or cancellation pay must be at the employee’s normal hourly rate in either scenario.
Public Works Projects Reporting Pay
For public works projects subject to prevailing wage requirements, employers must compensate any laborer, worker, or mechanic who reports to work when there is no work available for at least four hours at the employee’s applicable prevailing wage, including supplemental benefits or wages, for the worker’s classification of work.
If a shift is canceled with less than 12 hours’ notice, the employer must pay affected employees for two hours of work. Any reporting or cancellation pay must be at the employee’s normal hourly rate in either scenario.
Next Steps
While construction work may be subject to delays for a variety of unforeseen reasons, this new law is intended to provide workers with greater income stability. This law does not provide any exceptions when the availability of work is due to a natural disaster or any other event that is outside the employer’s control. The state may draft regulations to provide additional context to these new compliance obligations.
New York construction employers should review and update their wage payment practices and procedures to comply with this new law. Paylocity will continue to monitor for any new compliance developments.
Thank you for choosing Paylocity as your valued service partner. This information is provided as a courtesy, may change, and is not intended as legal or tax guidance. Employers with questions or concerns outside the scope of a Payroll Service Provider are encouraged to seek the advice of a qualified CPA, Tax Attorney, or Advisor.
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