NYS Court of Appeals Hears Argument on “13-Hour” Rule
On Feb. 12th, the New York State Court of Appeals, the state’s highest court, heard oral argument in Andryeyeva v. New York Health Care, Inc. and companion case Moreno v. Future Care Health Services, Inc., relating to 24-hour/live-in home care services and longstanding Department of Labor (DOL) policies that allow employers to compensate 24-hour “live-in” home attendants for 13 hours of pay for a 24-hour shift, provided they receive allotted meal periods and sleep times. The argument touched mostly on the regulation’s application to workers who do not reside in the home of the patient. Discussion of the financial implications of the decision were not addressed during the argument.
LeadingAge NY has provided a brief memorandum from our legislative counsel, Hinman Straub, on the proceeding. Hinman filed an amicus brief on behalf of LeadingAge NY and the Home Care Association of New York State in support of the industry.
The New York State Court of Appeals will post the oral argument in their archive this week. For background, you can read our most recent Intelligence article (and back articles) here.
Contact: Meg Carr Everett, meverett@leadingageny.org, 518-867-8871