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Legal Update on NYS Minimum Wage Rule for 24-Hour/Live-In Aides

The Industrial Board of Appeals (IBA) was slated to consider a challenge by the Urban Justice Center on the Department of Labor’s (DOL) Emergency Regulations on the minimum wage requirement for 24-hour/live-in home care aides. On Jan. 23rd, the IBA ruled that it does not have jurisdiction over issues relating to Emergency Rulemaking. It is unclear if there will be a challenge to the IBA’s interpretation of its jurisdiction. Meanwhile, the regulatory status of the issue remains status quo as DOL reissued an extension of the Emergency Regulations. Please refer to Hinman Straub’s memorandum for a current overview of the issue. LeadingAge NY will provide updates regarding developments on this matter moving forward.

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