Stephen Zweig

FordHarrison

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Latest Posts › Employment Litigation

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Upstate Federal Court Holds Fiscal Intermediary a Joint Employer of Personal Assistants

Until last week, no New York court had ruled on the question whether a fiscal intermediary (FI) participating in New York’s consumer directed personal assistant program (CDPAP) was a joint employer of a consumer’s personal...more

2/11/2019 / Department of Labor (DOL) , Employer Liability Issues , Employment Litigation , Intermediaries , Joint Employers , Personal Assistants , State and Local Government , State Labor Laws , Wage and Hour

The 2nd Department Rejects NYSDOL's "13 Hours Rule" For 24-Hour Shift Workers

Last week, in two long-awaited decisions, the New York State Appellate Division, Second Department ruled that home care workers who worked 24-hour shifts, commonly referred to as “live-in” shifts, were required to be paid for...more

9/18/2017 / Domestic Workers , Employer Liability Issues , Employment Litigation , Home Healthcare Workers , Rest and Meal Break , Wage and Hour , Work Schedules

24-Hour Home Care Workers Must Be Paid For All 24 Hours (Appellate Division, First Department, New York Supreme Court)

Tuesday, April 11, 2017, the First Department, Appellate Division of the NYS Supreme Court held that 24-hour case home care workers must be paid for all 24 hours if they are “nonresidential,” that is, they do not exclusively...more

4/14/2017 / Employment Litigation , Home Health Care , Home Healthcare Workers , NY Supreme Court , Rate Parity Agreement , Wage and Hour , Work Schedules

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