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Thirteen Hour Rule Challenge Nearing End in New York

Posted on Wednesday, February 20, 2019 6:40 PM

The legal battle over whether live-in home care aides in New York should be paid for the full 24 hours on the job versus the standard 13 hours is nearing an end.

The New York Court of Appeals heard oral arguments last Tuesday for Andryeyeva V. New York Health Care Inc. and Moreno V. Future Care Health Servs. Inc. A decision is expected in the next 30 days. 

“What we know thus far is that there have been several dozen challenges starting in 2016 where plaintiffs and worker-advocacy groups have alleged that a longstanding New York regulation only applies to [home care] aides who live on the premise of their employers — and not aides who work for an agency and have a home of their own,” Emina Poricanin, a home care attorney and partner at legal firm Hodgson Russ, told HHCN. “It’s a very bleak outlook for providers should the decision come out against the industry.”

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