|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2021||referred to labor|
senate Bill S359
Current Bill Status - In Senate Committee Labor Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S359 (ACTIVE) - Details
S359 (ACTIVE) - Sponsor Memo
BILL NUMBER: S359 SPONSOR: PERSAUD TITLE OF BILL: An act to amend the labor law, in relation to maximum hours for home care aides 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 that any overtime be voluntary and if the aide does not accept it, he or she cannot be penalized. Further, it does not mean that he or she will not accept or reject overtime in the future. There are two exceptions: if a health care worker wants to stay at a care recipient's apartment because the replacement care worker is delayed, the current health care worker can opt to stay for a maximum of 2 hours. Finally, the bill allows the aide to bring a civil action against his or her employer for violating their freedom to refuse overtime and a range of damages.
S359 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 359 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Labor 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.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.