In a case that could have far reaching consequences, a group of New York’s home care workers are challenging a state policy providing only thirteen-hours of pay for home care workers performing a 24-hour shift. The Department of Labor previously created the so-called “thirteen-hour rule” for home care workers to ensure they were not being paid to sleep or eat, which it calculated to take up eight and three hours, respectively. According to the Department of Labor, if the worker does not receive time to sleep or eat then he or she should be paid for their time.
The home health care agency named in the suit, Human Care, argued that the Department of Labor’s policy should apply. According to Human Care’s attorneys, the conclusion that home health care workers should be paid twenty-four hours a day, seven days a week is absurd.
The group of home care workers disagree. According to their lawsuit, because they are obligated to stay by their client’s side for the full twenty-four hours then they are working for that entire time and deserve to be compensated. Continue reading