1. When Reporting Pay Applies to a Construction Shift
The law separates two events that can create a payment obligation: actually reporting for work and receiving a short-notice cancellation before the shift begins.
A Worker Reports but Receives Little or No Work
When a covered employee reports at the employer’s request or with its permission, § 196-e requires payment for four hours or the regularly scheduled shift if shorter, at the employee’s promised hourly wage.
A Shift Is Canceled before the Worker Reports
A separate two-hour rule applies when an employee was scheduled to report but the employer cancels the shift with less than 12 hours’ notice.
2. Prevailing-Wage Projects Use a Different Pay Formula
Covered prevailing-wage construction projects fall under Labor Law § 224-g rather than the promised-wage formula used in § 196-e.
Reporting Pay Includes Wages and Supplements
A covered laborer, worker, or mechanic who reports for work must receive no less than four hours at the applicable prevailing rate of wages, including supplements.
Short-Notice Cancellations Also Trigger Prevailing-Wage Pay
A covered shift canceled with less than 12 hours’ notice generally requires two hours at the applicable prevailing wage, including supplements.
3. Records Can Decide a Reporting-Pay Dispute
The scheduled start time, shift length, cancellation notice, pay rate, and project classification can each affect whether reporting pay is owed and how much is due.
Scheduling Records Show Whether Notice Was Timely
Texts, emails, scheduling applications, call logs, time records, and written schedules can help establish when the employee was expected to report and when the cancellation was communicated.
Pay and Project Records Establish the Correct Rate
Payroll records can establish the promised hourly wage, while prevailing-wage projects may also require classification records, wage schedules, and supplement information.
4. Federal Wage Law and Reporting Pay Are Separate Rules
The Fair Labor Standards Act does not create the same reporting-pay right. Federal law primarily addresses compensable working time, minimum wage, and overtime.
The FLSA Does Not Require General Show-Up Pay
The FLSA does not generally require payment solely because an employee reports as directed but performs no compensable work.
Actual Work and Compensable Waiting Time Require a Separate Analysis
When an employee performs work or spends compensable waiting time, federal and state wage rules may apply independently of reporting-pay requirements.
5. Frequently Asked Questions
Are Subcontractor Employees Covered by Construction Reporting Pay?
They may be. Coverage depends on whether the individual is an employee engaged in covered construction and, for prevailing-wage work, whether the project and classification fall within § 224-g.
Can Unpaid Construction Reporting Pay Be Treated as an Unpaid Wage Claim?
Section 196-e expressly treats amounts owed under that provision as wages under Article 6. Payments owed under § 224-g are instead treated as prevailing wages or supplements under Article 8.
6. When Legal Review May Be Useful
An attorney may be useful when the parties dispute coverage, cancellation timing, the applicable wage rate, prevailing-wage classification, or overlapping wage-and-hour obligations.
22 Sep, 2026
