What's happening
This bill requires 24-hour home care aides in New York to be paid for 13 hours per 24-hour shift if certain conditions are met.
Why it matters
Clarifies pay rules for 24-hour home care aides. The bill sets a clear standard on how many hours must be paid during a 24-hour shift, which may reduce confusion and disputes between aides and employers over compensation.
Defines who is covered. The definition of “home care aide” is broadened to include both certified and uncertified workers, and applies whether they work directly for the client or for a third-party agency, potentially impacting a large segment of the home care workforce.
Sets specific conditions for reduced pay. Home care aides can be paid for 13 hours of a 24-hour shift only if they are provided with adequate sleeping facilities, eight hours for sleep (at least five of which are uninterrupted), and three hours for meals—making employers responsible for meeting these requirements if they want to limit paid hours.
Potential impact on labor rights and costs. By formalizing these pay standards, the bill could affect both workers’ income and employer costs, influencing the availability and affordability of 24-hour home care services, as well as protections for worker rest and well-being.
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Who cares
Headline styles
Set Pay Rules for Home Aides
Plain English, a few words. Used as the page title.
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History
- Referred to labor
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7488
2017-2018 Regular Sessions
IN ASSEMBLY
April 27, 2017
Introduced by M. of A. THIELE -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to the payment of wages to 24 hour home care aides
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The labor law is amended by adding a new section 652-a to read as follows:
§ 652-a. Calculation of hours for 24-hour home care aides. 1. For the purposes of this section, "home care aide" means a home health aide, personal care aide, home attendant or other certified or uncertified person whose primary responsibility includes the provision of in-home assistance with activities of daily living, instrumental activities of daily living or health-related tasks for an elderly or infirm person working in the home of the elderly or infirm person. This exemption applies if the home care aide is employed by the elderly or infirm person directly and also if the home care aide is employed by a third party employer to work in the home of the elderly or infirm person.
2. A home care aide who is on the premises for a period of twenty-four hours or more shall be subject to the provisions of this section for determining the number of hours worked by the employee per twenty-four hour period, notwithstanding the fact that such an employee may maintain a permanent residence elsewhere.
3. Such home care aides shall be paid for thirteen hours per twentyfour hour period, provided that such employee is provided with: (a) adequate sleeping facilities; (b) eight hours for sleep; (c) at least five hours of uninterrupted sleep; and (d) three hours for meals.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11216-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.