A07488 Summary:
BILL NO | A07488 |
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SAME AS | No Same As |
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SPONSOR | Thiele |
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COSPNSR | |
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MLTSPNSR | |
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Add §652-a, Lab L | |
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Relates to the payment of wages to twenty-four hour home care aides; defines "home care aide"; requires a sleep-in home care health care aide who is on premises for twenty-four hours shall be paid for thirteen hours per twenty-four hour period, provided that such employee is provided with adequate sleeping facilities, eight hours for sleep, at least five hours of uninterrupted sleep and three hours for meals. |
A07488 Actions:
BILL NO | A07488 | |||||||||||||||||||||||||||||||||||||||||||||||||
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04/27/2017 | referred to labor | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | referred to labor |
A07488 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A7488 SPONSOR: Thiele
  TITLE OF BILL: An act to amend the labor law, in relation to the payment of wages to 24 hour home care aides   PURPOSE OR GENERAL IDEA OF BILL: To establish a definitive wage for home care aides working for twenty- four hour periods.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends the Labor Law by adding a new section 652-a, relating to the calculation of hours for 24-hour home care aides. Section 2. Effective Date   JUSTIFICATION: New York Labor Law Regulation 12 N.Y.C.R.R. 142-2.1(b) ("Wage Order") generally states that all employees must be paid for all time worked. However, the Wage Order provides a specific exception for live-in care- givers, saying employers may pay them for 13 hours when they work a 24-hour shift, as long as the caregiver receives 8 hours of sleep time (5 of those hours uninterrupted) and 3 hours of work-free meal time. This exception is referred to as the "13-hour rule." The New York State Department of Labor has repeatedly interpreted the 13-hour rule as applying to all caregivers who work a 24-hour shift, regardless of whether the caregiver is live-in or nonresidential. This legislation is necessary in order to codify the "13-hour rule" because recent court interpretations have contradicted the Department of Labor's live-in and non-residential exclusion interpretation.   PRIOR LEGISLATIVE HISTORY: 2016: A.10410   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
A07488 Text:
Go to top 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 Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new section 652-a to 2 read as follows: 3 § 652-a. Calculation of hours for 24-hour home care aides. 1. For the 4 purposes of this section, "home care aide" means a home health aide, 5 personal care aide, home attendant or other certified or uncertified 6 person whose primary responsibility includes the provision of in-home 7 assistance with activities of daily living, instrumental activities of 8 daily living or health-related tasks for an elderly or infirm person 9 working in the home of the elderly or infirm person. This exemption 10 applies if the home care aide is employed by the elderly or infirm 11 person directly and also if the home care aide is employed by a third 12 party employer to work in the home of the elderly or infirm person. 13 2. A home care aide who is on the premises for a period of twenty-four 14 hours or more shall be subject to the provisions of this section for 15 determining the number of hours worked by the employee per twenty-four 16 hour period, notwithstanding the fact that such an employee may maintain 17 a permanent residence elsewhere. 18 3. Such home care aides shall be paid for thirteen hours per twenty- 19 four hour period, provided that such employee is provided with: (a) 20 adequate sleeping facilities; (b) eight hours for sleep; (c) at least 21 five hours of uninterrupted sleep; and (d) three hours for meals. 22 § 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