Blog Post

Sep 28, 2017

Sleeping On the Job… Again? Second New York Appellate Court Finds Home Healthcare Employees Entitled to Pay for all 24 Hours on an Overnight Shift

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Seyfarth Synopsis: The Supreme Court of the State of New York, Appellate Division, Second Judicial Department (“Second Department”) joined the First Department in finding that home healthcare employees who work 24-hour shifts are entitled to pay for all hours present in a client’s home, including sleeping and meal periods.  With this holding, the Second Department became the second appellate court in New York to reject the previously accepted interpretation of New York law, consistent with federal law, that allowed employers to pay home health care employees for 13 hours out of a 24-hour shift, so long as specified meal and sleep periods were provided.

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