DOL, Several Other Organizations Intervene in “13-Hour Rule” Case
Earlier this month, the New York State Department of Labor (DOL) intervened in the case of Andryeyeva v. New York Health Care, Inc. as an amicus (i.e., friend of the court), joining a list of several organizations that have filed amicus briefs in the case. Andryeyeva and a companion case, Moreno v. Future Care Health Services, Inc., are on the Feb. 12, 2019 docket for argument before the New York State Court of Appeals, the state’s highest court. The cases relate to 24-hour/live-in home care services and longstanding DOL policies that allow employers to compensate 24-hour “live-in” home attendants for 13 hours of pay for a 24-hour shift, provided they receive allotted meal periods and sleep times. The plaintiffs in these class actions allege that they should be paid for all 24 hours of their shifts at the applicable wage rates.
Importantly, DOL supports the 13-hour rule in its brief, noting that it has issued consistent guidance for over 50 years that employees who work shifts of 24 hours or more do not need to be paid for sleep or meal times during those shifts, so long as the employee enjoys substantially uninterrupted sleep, is completely relieved of duty during meal breaks, and is paid for any interruptions during these breaks. DOL goes on to indicate that this interpretation has been in place for nearly 40 years for home health aides who stay on the premises of the client for 24 hours or more at a time. The Department’s brief also asserts that by invalidating the 13-hour rule, the lower courts severely disrupted longstanding, reasonable, and settled expectations of the employers of home health aides and the State’s Medicaid program, which covers most spending on home health services in New York.
You can read about the Andryeyeva case in LeadingAge NY's many Intelligence articles here and here. LeadingAge NY has also filed an amicus brief along with the Home Care Association of New York State in support of the industry. To read the docket filing and related documents, enter the Court of Appeals website here and enter the APL number 2018-00038. The cases will be heard on Feb. 12th at 2 p.m. at the New York State Court of Appeals, 20 Eagle Street, Albany, NY, and streaming of the oral argument will be available here.
Contact: Dan Heim, dheim@leadingageny.org, 518-867-8866