Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 | referred to labor |
Jul 08, 2019 | print number 8064a |
Jul 08, 2019 | amend (t) and recommit to labor |
May 31, 2019 | referred to labor |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Bill Amendments
Co-Sponsors
Harry B. Bronson
Karines Reyes
A8064 - Details
A8064 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8064 2019-2020 Regular Sessions I N A S S E M B L Y May 31, 2019 ___________ Introduced by M. of A. EPSTEIN, BRONSON -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to requiring home care aide overtime to be voluntary 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 167-a to read as follows: § 167-A. HOURS OF LABOR FOR HOME CARE AIDES. 1. FOR PURPOSES OF THIS SECTION: (A) "HOME CARE AIDE" MEANS A HOME HEALTH AIDE, PERSONAL CARE AIDE, PERSONAL CARE ATTENDANT, HOME ATTENDANT OR OTHER LICENSED OR UNLI- CENSED PERSON WHOSE PRIMARY RESPONSIBILITY INCLUDES THE PROVISION OF IN-HOME ASSISTANCE WITH ACTIVITIES OF DAILY LIVING, INSTRUMENTAL ACTIV- ITIES OF DAILY LIVING OR HEALTH-RELATED TASKS, OR THE PROVISION OF COMPANIONSHIP OR FELLOWSHIP. THE PROVISIONS OF THIS SECTION SHALL APPLY EQUALLY TO SERVICES PROVIDED BY HOME CARE AIDES WHO WORK ON EPISODES OF CARE AS DIRECT EMPLOYEES OF THE CARE RECIPIENT, CERTIFIED HOME HEALTH AGENCIES, LONG TERM HOME HEALTH CARE PROGRAMS, OR MANAGED CARE PLANS, OR AS EMPLOYEES OF LICENSED HOME CARE SERVICES AGENCIES, LIMITED LICENSED HOME CARE SERVICES AGENCIES, OR UNDER ANY OTHER ARRANGEMENT. (B) "UNFORESEEABLE EMERGENT CIRCUMSTANCE" MEANS AN UNPREDICTABLE OR UNAVOIDABLE OCCURRENCE THAT REQUIRES IMMEDIATE ACTION. 2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO EMPLOYER SHALL REQUIRE A HOME CARE AIDE TO WORK IN EXCESS OF TWELVE HOURS PER DAY OR FIFTY HOURS PER WEEK EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION. ANY REQUIREMENT OF A HOME CARE AIDE TO WORK OVERTIME CONTAINED IN ANY CONTRACT, AGREEMENT OR UNDERSTANDING EXECUTED OR RENEWED AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL BE VOID. 3. THE ACCEPTANCE BY ANY HOME CARE AIDE OF OVERTIME WORK SHALL BE VOLUNTARY. CONSENT TO WORK OVERTIME MUST BE EXPRESSLY PROVIDED BY THE EMPLOYEE. CONSENT TO WORK OVERTIME ON A SPECIFIC OCCASION SHALL NOT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Co-Sponsors
Harry B. Bronson
Karines Reyes
Deborah Glick
Rebecca Seawright
A8064A (ACTIVE) - Details
A8064A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8064--A 2019-2020 Regular Sessions I N A S S E M B L Y May 31, 2019 ___________ Introduced by M. of A. EPSTEIN, BRONSON, REYES -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to maximum hours for 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 167-a to read as follows: § 167-A. HOURS OF LABOR FOR HOME CARE AIDES. 1. FOR PURPOSES OF THIS SECTION: (A) "HOME CARE AIDE" MEANS A HOME HEALTH AIDE, PERSONAL CARE AIDE, PERSONAL CARE ATTENDANT, CONSUMER DIRECTED PERSONAL ASSISTANT, HOME ATTENDANT OR OTHER LICENSED OR UNLICENSED PERSON WHOSE PRIMARY RESPONSIBILITY INCLUDES THE PROVISION OF IN-HOME ASSISTANCE WITH ACTIV- ITIES OF DAILY LIVING, INSTRUMENTAL ACTIVITIES OF DAILY LIVING OR HEALTH-RELATED TASKS, OR THE PROVISION OF COMPANIONSHIP OR FELLOWSHIP. THE PROVISIONS OF THIS SECTION SHALL APPLY EQUALLY TO SERVICES PROVIDED BY HOME CARE AIDES WHO WORK ON EPISODES OF CARE AS DIRECT EMPLOYEES OF THE CARE RECIPIENT, CERTIFIED HOME HEALTH AGENCIES, LONG TERM HOME HEALTH CARE PROGRAMS, OR MANAGED CARE PLANS, OR AS EMPLOYEES OF LICENSED HOME CARE SERVICES AGENCIES, LIMITED LICENSED HOME CARE SERVICES AGEN- CIES, OR UNDER ANY OTHER ARRANGEMENT. (B) "UNFORESEEABLE EMERGENT CIRCUMSTANCE" MEANS AN UNPREDICTABLE OR UNAVOIDABLE OCCURRENCE THAT REQUIRES IMMEDIATE ACTION. (C) "MAXIMUM HOME CARE HOURS" SHALL MEAN A SINGLE SHIFT THAT CONSISTS OF TWELVE HOURS PER DAY OR MULTIPLE SHIFTS THAT IN COMBINATION TOTAL FIFTY HOURS PER WEEK. 2. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO EMPLOYER SHALL ASSIGN A HOME CARE AIDE TO MORE THAN THE MAXIMUM HOME CARE HOURS EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13045-02-9