Department of Labor Reissues “13-Hour Rule” for Home Care

The Department of Labor (DOL) has issued both a Proposed Rule Making (P. 41) and an identical Emergency Rule Making to align New York State regulatory requirements with DOL minimum wage regulation as it applies to 24-hour home care attendants. The regulation imposes the “13-hour rule,” which allows employers of home care aides who work 24 hours or more to exclude meal periods and sleep times from hours worked, regardless of whether the aide provides “live-in” care.

DOL states that the regulations are “necessary to preserve the status quo, prevent the collapse of the home care industry, and avoid institutionalizing patients who could be cared for at home, in the face of recent decisions by the State Appellate Divisions that treat meal periods and sleep time by home care aides who work shifts of 24 hours or more as hours worked for purposes of state (but not federal) minimum wage.”

DOL will be hosting a public hearing on the proposed regulations on Wed., July 11, 2018 at 11 a.m. at 55 Hanson Place in Brooklyn, NY. Comments on the proposed rule may be submitted to the Department by mail or electronically until Mon., July 16, 2018.

The Court of Appeals, New York’s highest court, will be considering this matter in the case of Andryeyeva v. New York Health Care, Inc. LeadingAge NY is contemplating submitting an amicus brief to provide support from the provider perspective. Click here to read recent summaries and a legal overview of this issue. LeadingAge NY will provide updates on the status of this litigation as they become available.

Contact: Meg Carr Everett, meverett@leadingageny.org, 518-867-8871