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New York Issues Emergency Minimum Wage Regulations Regarding Home Care Aides

New York has issued emergency minimum wage regulations regarding certain home care aides. Highlights of the regulations are presented below.

Emergency Regulations

The emergency regulations provide 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.

Click here for more information. The emergency regulations are currently in effect but are set to expire April 4, 2018.

Note: Similar regulations were previously in effect and have been extended temporarily by these emergency regulations. The state is expected to adopt the emergency regulations permanently and publish a notice of proposed rulemaking in the future.

Background

Under the 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 (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.

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