The Urban Justice Center, a not-for-profit advocacy group, has filed a petition with the New York State Industrial Board of Appeals, seeking to invalidate the Department of Labor’s emergency regulation regarding live-in aides. As most home care agencies know, in October 2017, the New York State Department of Labor issued emergency regulations clarifying its rules regarding the compensation of home health aides who work 24-hour shifts. The regulations confirm that aides should be paid for only 13 hours of work when they receive three hours for meals and eight hours for sleep, (assuming five of those hours are uninterrupted).
The Industrial Board of Appeals has the ability to review the validity and reasonableness of regulations issued by the New York State Commissioner of Labor. We will provide more information about this development as it becomes available.
