The Second Department, Appellate Division on September 13 issued decisions in Andreyeyeva v. New York Health Care, Inc. and Moreno v. Future Care Health Services, Inc. — two cases with similar facts involving 24-hour, live-in aides and which pose a major impact for home care providers and their patients.
The court held that, to the extent that the aides were not “residential” employees (who “lived” on the premises of their employer), the aides were entitled to be paid the minimum wage for all 24 hours of their shifts, regardless of whether they were afforded 8 hours for sleep (including 5 hours of uninterrupted sleep time) and three hours for meals (also known as the so-called “13-hour rule”).
As Politico news reports, “the Home Care Association of New York State has met with the Cuomo administration and stressed that without state action, its members will be decimated as home care providers could face millions of dollars worth of financial liabilities.”
“The court’s decision, which invalidates the so-called 13-hour rule that providers have relied on in good faith for these services, opens up major potential exposure for wage costs, and this exposure results from discrepancies in state regulations and guidelines,” said Roger Noyes, a spokesman for the Home Care Association of New York State.
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