Assembly Bill A8064A

2019-2020 Legislative Session

Relates to requiring home care aide overtime to be voluntary

download bill text pdf

Sponsored By

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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Bill Amendments

co-Sponsors

2019-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:
A3145, S359

2019-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.

2019-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

2019-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:
A3145, S359

2019-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.

2019-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
              

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