Latest Legal Developments Impacting New York Home Care Providers

Litigation over caregiver pay in New York has increased at an alarming rate as a direct result of recent rulings with respect to 24-hour non-residential home care attendants in New York. New York is already among the most targeted jurisdictions for wage hour class action litigation in the home care industry and these developments will only serve to increase litigation.  A New York state appellate court found that 24-hour live-in home care attendants must be paid for sleep and meal periods, and thus are not eligible for the “13-hour” rule applicable to residential live-in home care attendants. Littler is representing Human Care, a coalition of New York Home Care providers, on the appeal of that decision to the New York state high court that is of critical importance to the industry.  In addition, the New York State Department of Health has implemented Home Care Worker Wage Parity for the Consumer Directed Personal Assistance Service (CDPAS) program, impacting Fiscal Intermediaries beginning October 13th, 2017.    

Littler’s home care specialists will survey the changing legal landscape for the New York home care industry.  Topics include:

• How to prepare for potential wage hour litigation, mitigate potential exposure, comply with new regulatory burdens and avoid the risks of being deemed a joint employer as a result of the changes in the CDPAS program
• Best practices for compensating live-in employees and a detailed discussion on how to restructure your staffing, care delivery, and time-tracking policies and procedures to reduce labor costs and ensure compliance
• Union organizing and successful anti-union campaigning

Registration and Breakfast: 8:00 - 8:30 am

Program: 8:30 - 11:30 am