The NY Court of Appeals will consider whether home care attendants working 24-hour shifts employed by third-party agencies must be paid for every hour of their shift, with no deductions for meal or sleep periods.
A recent federal court decision has added to the confusion surrounding the application of the U.S. Department of Labor's "home care" overtime rule and New York's "13-hour" rule regarding compensable work hours for certain home care aides.
On October 25, 2017, the NYDOL published a Notice entitled “Home Care Aide Hours Worked” explaining why it considered an emergency regulation necessary for the “preservation of public health, public safety and general welfare.”
The NY DOL will soon publish a statement explaining why the issuance of an emergency regulation clarifying that meal and rest periods may be excluded from hours worked by home care aides who work a shift of 24 hours or more is necessary.
The NY DOL issued an amendment to a Wage Order to clarify that bona fide meal periods and sleep times may be excluded from hours worked by home care aides who work a shift of 24 hours or more in accordance with federal FLSA regulations.
A pair of New York state appellate decisions has serious implications for employers that offer 24-hour home care for clients by ruling that sleep and meal periods must be included in the hourly wages of home care attendants.