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NY A06899
Bill
Status
5/8/2023
Primary Sponsor
Harvey Epstein
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AI Summary
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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.
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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.
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Prohibits employers from discriminating against, threatening, or penalizing home care aides who refuse assignments exceeding maximum hours or who file complaints about violations.
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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.
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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