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.
S T A T E O F N E W Y O R K
________________________________________________________________________
10410
I N A S S E M B L Y
May 26, 2016
___________
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:
Section 1. The labor law is amended by adding a new section 652-a to
read as follows:
S 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
TWENTY-FOUR 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.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15320-02-6
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