NYS Court of Appeals Upholds "13-Hour" Rule

The New York State Court of Appeals, the State’s highest court, just released its decision in Andryeyeva v. New York Health Care, Inc., relating to the “13-hour rule” for 24-hour/live-in home care services. The Court upheld the Department of Labor’s (DOL) interpretation of its regulations, allowing home care agencies to pay live-in aides for 13 hours of work if they are able to get eight hours of sleep (with at least five hours uninterrupted) and three hours off for meals.

For decades, home care agencies have relied on this rule to compensate their aides working 24-hour shifts. A decision against the agencies would have resulted in a class action lawsuit and potential liability for many years of back wages. The Court of Appeals has remitted the cases to the lower courts for consideration of other allegations.

LeadingAge NY filed an amicus brief for this case in support of the providers’ position and DOL's interpretation. We are reviewing the decision and will provide members with an analysis as soon as it is available. For background, you can read our most recent Intelligence article (and back articles) here.

Contact: Meg Carr Everett, meverett@leadingageny.org, 518-867-8871