HR Alert

New York Amends Minimum Wage Order in Response to Court Decisions Affecting Certain Home Care Aides

Amended Wage Order Currently in Effect

New York has amended its Minimum Wage Order for Miscellaneous Industries and Occupations in response to state court decisions affecting meal and sleep time for certain home care aides. An overview of the amended wage order is presented below.

Amended Wage Order
The amended wage order now provides that certain minimum wage provisions (noted below in the "Background" section) do not require a home care aide who works a shift of 24 hours or more to be paid the minimum wage for meal periods and sleep times that are excluded from hours worked under the federal Fair Labor Standards Act.

Background
Under the wage order, 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 (i.e., 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 for more information. The amended wage order is currently in effect.


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