NYS Court Invalidates Rule Allowing Agencies to Pay 13 Hours for 24-Hour Shifts

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On September 26, 2018, a New York State Supreme Court Judge ruled that the New York Department of Labor (“DOL”) Emergency Regulation WHICH permitted 24 hour live-in workers to receive 13 hours of pay for 24-hour shifts (assuming that the workers actually received 8 hours for sleep and three hours for meal periods on such shifts) was null, void and invalid. As we previously reported, the Emergency Regulation was issued by the DOL on October 6, 2017. The Emergency Regulation affirmed that home care providers may exclude from hours worked bona fide sleep and meal periods.

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