assembly Bill A8064A

2019-2020 Legislative Session

Relates to requiring home care aide overtime to be voluntary

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
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

Co-Sponsors

A8064 - Details

See Senate Version of this Bill:
S6640
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §167-a, Lab L
Versions Introduced in 2021-2022 Legislative Session:
S359

A8064 - Summary

Places limits on the maximum amount of hours a home care aide may be required to work without voluntarily consenting to such an assignment.

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

view additional co-sponsors

A8064A (ACTIVE) - Details

See Senate Version of this Bill:
S6640
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §167-a, Lab L
Versions Introduced in 2021-2022 Legislative Session:
S359

A8064A (ACTIVE) - Summary

Places limits on the maximum amount of hours a home care aide may be required to work without voluntarily consenting to such an assignment.

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