Assembly Bill A7488

2017-2018 Legislative Session

Relates to the payment of wages to twenty-four hour home care aides

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A7488 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §652-a, Lab L
Versions Introduced in 2015-2016 Legislative Session:
A10410

2017-A7488 (ACTIVE) - Summary

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.

2017-A7488 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7488
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:

   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  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.
   § 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

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