A recent rise in suits brought by home care workers against employers for failure to pay full wage for 24-hour shifts should alert employers to review their pay policies, employment agreements, and union affiliation for compliance.

In 2010, the New York Department of Labor published a letter stating that live-in home care workers can be paid 13 hours in a 24-hour shift, as long as they are given 8 hours to sleep and 3 hours for meals. The suits seek to address an alleged abuse of this policy.

A recent suit claimed that in 24-hour shifts, workers were given almost no time for sleep or meals and yet were only paid for 12 or 13 hours.  The suits also contest their designation as “live-in” since they have their own personal residences.

Home care workers are taking note: The National Mobilization Against Sweatshops and the Chinese Staff and Workers Association have already been contacted by home health aides from 15-20 home health care agency throughout New York City for help in organizing around this issue.

At Viventium, we are committed to helping you with the increased compliance requirements that have resulted from rapidly evolving legislation.  We aim to minimize your administrative burden across the entire spectrum of employment-related payroll, tax, HR, and benefits so that you can focus on the work that matters: running your business.  We provide you with this information as a way to amplify your understanding of the impact of regulatory requirements – but please do not construe this information as tax or legal advice.  By nature, this information is subject to revision and might not be the most up-to-date information available.  We encourage you to consult with the appropriate legal and tax advisors before making any decisions.

Topics: HHA, Homecare