Client Alerts & Publications

NEW YORK STATE DEPARTMENT OF LABOR RESPONDS TO RECENT APPELLATE DIVISION DECISIONS REGARDING WAGES FOR 24-HOUR HOME CARE WORKERS

Published Date:

10/27/2017

The New York State Department of Labor (NYDOL) recently modified the Minimum Wage Order for Miscellaneous Industries and Occupations – effective October 6, 2017 – to eliminate any doubt about its long-standing guidance that home care workers who work 24-hour shifts are not required to be paid the minimum wage for meal periods and sleep time under New York Labor Law (“NYLL”).  The provision expressly states that workers are not entitled to compensation for meal and sleep breaks under the Fair Labor Standards Act in accordance with 29 C.F.R 785.19 and 785.22, and are not entitled to compensation for same under the NYLL.  While this new Wage Order does not end the debate and there is still uncertainty on where the Courts will ultimately come out on these issues, this action by the NYDOL is welcome news for home health care providers.

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