NY Court Upholds 13 Hour Pay for 24-Hour Shift Home Health Aides
Posted on Sunday, March 31, 2019 8:47 PM
A NY State Court of Appeals has ruled that 24-hour home health aides can be paid for just 13 hours, if they are given 3 hours of breaks for meals, and 8 hours of sleep each night and 5 of those hours must be uninterrupted. This is a complete reversal from the ruling issued last year that we highlighted here.
“However, the Court also cautioned home care agencies that “failure to provide a home health aide with the minimum sleep and meal times required under the DOL’s interpretation of the Wage Order is a ‘hair trigger’ that immediately makes the employer liable for paying every hour of the 24-hour shift, not just the actual hours worked.”
The Court warned home care agencies that if a home health aide “worked 24-hour shifts without ‘meaningful breaks,’ … [they] would be entitled to compensation for the entire 24-hour period,” and “if an aide receives a modicum of sleep below the five-hour minimum and less than the three hours of meal breaks, the employee must be paid for the full 24 hours.””
“The Court’s ruling is a welcome outcome in a controversy that should not have happened,” said William A. Dombi, President of the National Association for Home Care & Hospice (NAHC), in response to the ruling. “Home care employers should be able to rely on guidance from the state Labor Department as had employers throughout New York. The ruling will help preserve access to crucial home care services in the state.”
This ruling is specific to NY State only.
Source: NAHC Report
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