Lawsuit Seeks to Invalidate DOL’s Emergency Regulation Governing Compensation of Live-in Aides

On Friday, May 4, 2018, a coalition of worker advocacy groups and five home health aides filed a lawsuit in New York County Supreme Court, seeking to invalidate the Department of Labor Emergency Regulation that authorizes home care agencies to pay aides working 24-hour shifts for 13 hours of work (assuming 8 hours of sleep and 3 hours of meal periods are provided on such a shift). This lawsuit is yet another attempt by the same group to invalidate rules and regulations that permit (and had historically permitted) home care agencies to pay live-in aides for 13 hours of work on a 24-hour shift.

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