|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to labor|
|Jul 31, 2019||referred to rules|
senate Bill S6640
Archive: Last Bill Status - In Senate Committee Labor Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6640 (ACTIVE) - Details
S6640 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6640 SPONSOR: PERSAUD TITLE OF BILL: An act to amend the labor law, in relation to maximum hours for home care aides PURPOSE OR GENERAL IDEA OF BILL: To protect home health aides from being required to work unreasonable work schedules in any day or week and ensure they are not pressured by employers with disciplinary action. The bill also provides for legal relief if an employer requires a health aide to work more than 12 hours per day or 50 hours in a week or threatens them with disciplinary action. SUMMARY OF PROVISIONS: This bill defines home care aide as 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. It also requires
S6640 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6640 2019-2020 Regular Sessions I N S E N A T E July 31, 2019 ___________ Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. (B) ANY REQUIREMENT OF A HOME CARE AIDE TO ACCEPT AN ASSIGNMENT FOR MORE THAN THE MAXIMUM HOME CARE HOURS CONTAINED IN ANY CONTRACT, AGREE- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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