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New York Supreme Court Rules in Favor of 24-Hour Wages for Home Health Aides

Last week, the New York State Supreme Court ruled that caregivers can be paid for sleep and mealtimes during a 24-hour shift. If upheld, this decision challenges the New York State Department of Labor’s longstanding practice entitling caregivers 13 hours of pay for a 24-hour shift, if the caregiver was allowed eight hours of sleep with at least five uninterrupted hours.

In this case, Tokhtaman v. HumanCare, LLC, the home health aide employed by Human Care alleged that she was owed minimum wage, overtime, and “spread of hours” pay because she was paid only 13 hours of a 24-hour shift.

According to a piece in Home Health Care News, the effort to overturn this decision will coincide with the effort to overturn the 2015 decision to extend minimum wage and overtime protections to home care workers. Both of these decisions have the potential to increase costs for home health providers.

CHAP will continue to monitor this story and provide updates as they are made available. 

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