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Another 24-Hour Wage Hour Decision for the Home Health Care Industry – Employment Law This Week

Employment Law This Week (Episode 88: Week of September 25, 2017) has released bonus footage of its interview with Michael McGahan, a Member of the Firm at Epstein Becker Green.

As Mike discusses, New York home care agencies typically pay sleep-in home health aides for 13 hours per day, relying on a 2010 opinion from the state Department of Labor. Two home health attendants who claimed they did not “live in” the homes of their clients filed suit against their employers, claiming that their patients’ need for 24-hour supervision required them to be working or on call for all 24 hours. They argued that they should have been paid the minimum wage for each hour. A state appellate court ruled in favor of the plaintiffs, finding that the 13-hour rule violates the state’s minimum wage law. The Department of Health is currently reviewing the decision.

See also Mike’s recent post on this blog: http://www.ebglaw.com/eltw88-heal

 

See also Mike’s recent post on this blog.

©2021 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume VII, Number 270
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About this Author

Michael F. McGahan, Epstein Becker Green, Collective Bargaining Attorney, Grievance Arbitration Lawyer,
Member

MICHAEL F. MCGAHAN is a Member of the Firm in the Labor and Employment practice in the New York office, where he is a member of the firm's traditional labor team. He has over 35 years of experience representing employers in a wide range of industries including health care, insurance, hospitality and theater.

Mr. McGahan's experience includes representing employers in:

  • Collective bargaining, mediation, and grievance arbitration

  • Proceedings before the National...

212-351-3768
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