Bill Text: NY A08064 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Places limits on the maximum amount of hours a home care aide may be required to work without voluntarily consenting to such an assignment.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2020-01-08 - referred to labor [A08064 Detail]
Download: New_York-2019-A08064-Introduced.html
Bill Title: Places limits on the maximum amount of hours a home care aide may be required to work without voluntarily consenting to such an assignment.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2020-01-08 - referred to labor [A08064 Detail]
Download: New_York-2019-A08064-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8064 2019-2020 Regular Sessions IN ASSEMBLY May 31, 2019 ___________ Introduced by M. of A. EPSTEIN, BRONSON -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to requiring home care aide overtime to be voluntary The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new section 167-a to 2 read as follows: 3 § 167-a. Hours of labor for home care aides. 1. For purposes of this 4 section: (a) "Home care aide" means a home health aide, personal care 5 aide, personal care attendant, home attendant or other licensed or unli- 6 censed person whose primary responsibility includes the provision of 7 in-home assistance with activities of daily living, instrumental activ- 8 ities of daily living or health-related tasks, or the provision of 9 companionship or fellowship. The provisions of this section shall apply 10 equally to services provided by home care aides who work on episodes of 11 care as direct employees of the care recipient, certified home health 12 agencies, long term home health care programs, or managed care plans, or 13 as employees of licensed home care services agencies, limited licensed 14 home care services agencies, or under any other arrangement. 15 (b) "Unforeseeable emergent circumstance" means an unpredictable or 16 unavoidable occurrence that requires immediate action. 17 2. Notwithstanding any provision of law to the contrary, no employer 18 shall require a home care aide to work in excess of twelve hours per day 19 or fifty hours per week except as provided for in subdivision four of 20 this section. Any requirement of a home care aide to work overtime 21 contained in any contract, agreement or understanding executed or 22 renewed after the effective date of this section shall be void. 23 3. The acceptance by any home care aide of overtime work shall be 24 voluntary. Consent to work overtime must be expressly provided by the 25 employee. Consent to work overtime on a specific occasion shall not EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13045-01-9A. 8064 2 1 constitute implied consent to work overtime in the future. The refusal 2 of a home health aide to accept overtime work shall not be grounds for 3 discrimination, dismissal, discharge, threats, or any other penalty or 4 employment decision adverse to the employee. 5 4. The requirements this section shall not apply in case of an unfore- 6 seeable emergent circumstance when overtime is determined necessary, and 7 is not used to fill vacancies resulting from short staffing, provided 8 that the employer has exhausted reasonable efforts to obtain proper 9 staffing. Where an unforeseeable emergent circumstance is due to the 10 delayed arrival of a home care aide who is relieving a home care aide 11 who has worked the maximum number of hours for such day pursuant to 12 subdivision two of this section, such overtime shall not exceed two 13 hours without acceptance of such overtime pursuant to the provisions of 14 subdivision three of this section. 15 5. An employer shall not threaten, discharge or in any other manner 16 discriminate, penalize or take adverse action against a home health aide 17 because they have made any complaint that the employee has been required 18 to work overtime in violation of the provisions of this section: 19 (a) to their employer, including the employer's representative or 20 agent; 21 (b) to the commissioner or the department; or 22 (c) to any other state or federal agency. 23 6. (a) A home care aide may bring a civil action in a court of compe- 24 tent jurisdiction against any employer or his or her agent, or the offi- 25 cer or agent of any corporation, partnership, or limited liability 26 company, or any other person who violates subdivision two, three or five 27 this section. An employer or other person who violates such subdivisions 28 shall be liable for all legal and/or equitable relief as may be appro- 29 priate to effectuate the purposes of this section, including but not 30 limited to compensatory damages for loss of consortium, liquidated 31 damages, punitive damages, and reinstatement and back wages, in addition 32 to injunctive relief and any other appropriate relief. An employer or 33 other person who is found to have violated subdivision two, three, or 34 five of this section shall also be liable for the payment of reasonable 35 attorney's fees. 36 (b) If the commissioner determines that an employer or employer's 37 agent or the officer or agent of any corporation, partnership, or limit- 38 ed liability company, or any other person has violated subdivision two, 39 three, or five of this section the commissioner may issue sanctions and 40 penalties, including, but not limited to compensatory damages for loss 41 of consortium, liquidated damages, and punitive damages, and may also 42 order reinstatement, back wages, injunctive relief, and all other appro- 43 priate relief. 44 § 2. This act shall take effect immediately.