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New York Court: Minimum Wage Due for All On-Premises Hours Required of Non-Resident Home Care Attendants

    In a significant blow to the home health care industry in New York, non-resident home health care attendants must be paid minimum wage for all hours they are required to remain at the client’s home, including hours when they may be sleeping, eating, or performing other personal tasks, the Brooklyn-based Appellate Division, Second Department, has held. Andryeyeva v. New York Health Care, Inc., 2017 N.Y. App. Div. LEXIS 6408 (N.Y. App. Div. 2nd Dep’t Sept. 13, 2017); Moreno v. Future Care Health Services, Inc., 2017 N.Y. App. Div. LEXIS 6462 (N.Y. App. Div. 2nd Dep’t Sept. 13, 2017). The court joins its sister court, the Manhattan-based First Department, in this holding. The Second Department is one of the state’s four mid-level courts of appeal.

    Please click here to read more about the case and the implications for employers of non-resident home health care attendants.  The full post was prepared by Jackson Lewis attorneys Frank Fanshawe and Noel Tripp. 

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