Bill Text: NY A10410 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the payment of wages to twenty-four hour home care aides; defines "home care aide"; requires a sleep-in home care health care aide who is on premises for twenty-four hours shall be paid for thirteen hours per twenty-four hour period, provided that such employee is provided with adequate sleeping facilities, eight hours for sleep, at least five hours of uninterrupted sleep and three hours for meals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-26 - referred to labor [A10410 Detail]

Download: New_York-2015-A10410-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10410
                   IN ASSEMBLY
                                      May 26, 2016
                                       ___________
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Labor
        AN ACT to amend the labor law, in relation to the payment of wages to 24
          hour home care aides
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The labor law is amended by adding a new section  652-a  to
     2  read as follows:
     3    §  652-a. Calculation of hours for 24-hour home care aides. 1. For the
     4  purposes of this section, "home care aide" means  a  home  health  aide,
     5  personal  care  aide,  home  attendant or other certified or uncertified
     6  person whose primary responsibility includes the  provision  of  in-home
     7  assistance  with  activities of daily living, instrumental activities of
     8  daily living or health-related tasks for an  elderly  or  infirm  person
     9  working  in  the  home  of  the elderly or infirm person. This exemption
    10  applies if the home care aide is  employed  by  the  elderly  or  infirm
    11  person  directly  and  also if the home care aide is employed by a third
    12  party employer to work in the home of the elderly or infirm person.
    13    2. A home care aide who is on the premises for a period of twenty-four
    14  hours or more shall be subject to the provisions  of  this  section  for
    15  determining  the  number of hours worked by the employee per twenty-four
    16  hour period, notwithstanding the fact that such an employee may maintain
    17  a permanent residence elsewhere.
    18    3. Such home care aides shall be paid for thirteen hours  per  twenty-
    19  four  hour  period,  provided  that  such employee is provided with: (a)
    20  adequate sleeping facilities; (b) eight hours for sleep;  (c)  at  least
    21  five hours of uninterrupted sleep; and (d) three hours for meals.
    22    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15320-02-6