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A07488 Summary:

A07488 Actions:

A07488 Memo:

NEW 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:

 
                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