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NY A06899

Bill

Status

Introduced

5/8/2023

Primary Sponsor

Harvey Epstein

Click for details

Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Establishes a maximum of 12 consecutive hours per 24-hour period or any single shift exceeding 12 hours for home care aides, with limited exceptions.

  • Requires any agreement for home care aides to work beyond maximum hours to be voluntary and expressly consented to, with consent not automatically carrying over to future assignments.

  • Prohibits employers from discriminating against, threatening, or penalizing home care aides who refuse assignments exceeding maximum hours or who file complaints about violations.

  • Allows exceptions to maximum hours limits only in unforeseeable emergent circumstances when employers have exhausted reasonable staffing efforts, capped at 4 hours over a 12-hour shift or 2 hours if due to delayed relief aide arrival.

  • Permits home care aides to bring civil actions for violations with remedies including compensatory damages, punitive damages, back wages, and attorney's fees; authorizes the labor commissioner to bring enforcement actions and issue penalties.

Legislative Description

Places limits on the maximum amount of hours a home care aide may be required to work without voluntarily consenting to such an assignment.

Last Action

enacting clause stricken

5/1/2024

Committee Referrals

Labor5/8/2023

Full Bill Text

No bill text available