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New York’s Highest Court to Address 24-Hour/Live-in Home Care Aide Rule

The home care industry is moving closer to a resolution of the 24-hour/live-in rule. The New York State Court of Appeals, New York’s highest court, will consider the question of whether employers are required to pay home care attendants for every hour of a 24-hour shift or whether Department of Labor (DOL) rules authorizing home care employers to pay for 13 hours of the shift, provided the aide has 8 hours of sleep (5 being uninterrupted) and 3 hours for meals, will stand. On March 7th, the Second Department Appellate Division issued a decision in Andryeyeva v. New York Health Care, Inc. certifying the question to the Court of Appeals, which will lead to a certain decision in this matter.

LeadingAge NY has provided overviews of the several federal and state court proceedings regarding this rule. It intervened in the Andryeyeva case as amicus on behalf of New York Health Care, Inc. in support of the 13-hour rule and is considering intervening again as the Court of Appeals considers the case. To read LeadingAge NY's overviews of the 24-hour/live-in rule, click here and here. For a legal overview from Hinman Straub, click here. The proceeding at the Court of Appeals level may take up to six months. LeadingAge NY will keep members apprised of its involvement and progress with the case.

Any questions regarding this matter may be directed to Dan Heim.

Contact: Dan Heim, dheim@leadingageny.org, 518-867-8866