NY A10618

Establishes maximum work hours for home care aides at 12 consecutive hours per 24-hour period or any single shift exceeding 12 hours, with the prohibition applying to all employment arrangements regardless of employer type.

Requires any agreement for home care aides to work beyond maximum hours to be voluntary with express written consent, and prohibits treating prior consent as implied consent for future assignments or penalizing refusals.

Permits assignments exceeding maximum hours only in unforeseeable emergencies when employers exhaust reasonable staffing efforts, limited to 4 additional hours per shift, or 2 hours if due to delayed relief aide arrival, and both require employee consent.

Prohibits employers from threatening, discharging, discriminating against, or penalizing home care aides for refusing overtime or for complaints made to employers, the Department of Labor, or other government agencies.

Authorizes home care aides to bring civil lawsuits for violations and allows the commissioner to pursue administrative or civil action, with remedies including compensatory damages, liquidated damages, punitive damages, back wages, reinstatement, injunctive relief, and attorney's fees.