HR Alert

New York Appellate Court Addresses Wages for Certain Home Health Care Attendants

Certain Employees Entitled to Minimum Wage for All 24 Hours of Shifts

The New York Appellate Division (Second Department) has issued an opinion addressing wages for certain home health care attendants.


The court addressed wages for certain home health care attendants who work at clients' residences in 24-hour shifts. According to the opinion, to the extent that such employees are not residential employees who live on the employer's premises, they are entitled to be paid the minimum wage for all 24 hours of their shifts--regardless of whether they are afforded opportunities for sleep and meals.


Under state regulations, the minimum wage must be paid for the time an employee is permitted to work, or is required to be available for work at a place prescribed by the employer. However, a residential employee--one who lives on the employer's premises--is not deemed to be permitted to work or required to be available for work:

  • During his or her normal sleeping hours (solely because he or she is required to be on call during such hours); or
  • At any other time when he or she is free to leave the place of employment.

Click here to read the opinion. As the case may be appealed, stay tuned for updates. Employers with questions as to the decision's impact on workplace policies and practices are advised to contact a knowledgeable employment law attorney.

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