NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6899
SPONSOR: Epstein TITLE OF BILL:
An act to amend the labor law, in relation to maximum hours for home
care aides
PURPOSE OR GENERAL IDEA OF BILL:
To protect home health aides from being required to work unreasonable
work schedules in any day or week and ensure they are not pressured by
employers with disciplinary action.
SUMMARY OF PROVISIONS:
This bill defines home care aide as a home health aide, personal care
aide, personal care attendant, home attendant or other licensed or unli-
censed person whose primary responsibility includes the provision of
in-home assistance with activities of daily living. It also requires
that any overtime be voluntary and if the aide does not accept it, he or
she cannot be penalized. Further, it does not mean that he or she will
not accept or reject overtime in the future. Finally, the bill allows
the aide to bring a civil action against his or her employer for violat-
ing their freedom to refuse overtime and a range of damages.
JUSTIFICATION:
Home care workers in New York are essential to maintaining the daily
well-being and long-term care of older adults and people living with
chronic health conditions or disabilities. Home care workers and
personal care aides are among the fastest growing occupations in the
state. New York State employs more than 210,000 home care workers and
they rank as NYC's single largest occupational group. The demand for
home care workers will only accelerate with a growing aging population.
It has become increasingly apparent that many home care workers are
required by employers to work mandatory 24-hour shifts to care for
people who have been approved for around-the-clock care. Home care work-
ers report that they are often required to work 24-hour shifts consec-
utively in a week. The growth in mandatory 24-hour shifts can endanger
the health and safety of both home care workers and care recipients.
Studies have shown that prolonged periods of wakefulness (17 hours with-
out sleep) can significantly impair hand-eye coordination, decision-mak-
ing skills and memory. Workers' sleep is shorter, lighter, more frag-
mented and less restorative than normal sleep at night. Twenty-four hour
shifts are equally detrimental to care recipients. When home care work-
ers are too fatigued or become chronically ill from lack of proper rest
and sleep, care recipients - those approved for 24-hour care and among
the neediest of clients - are less likely to receive proper treatment
and safe care. They face a higher risk of injury when workers are
mentally or physically fatigued to safely move them or assist with medi-
cally-related tasks. Further, burn-out, occupational related illnesses
and high turnover among workers lowers the quality and continuity of
care.
The labor of home care workers contributes to the well-being and long
term care of New York's aging community and people living with chronic
health needs or disabilities. Home care workers are also an important
component of the state's economic growth. It is thus declared to be the
public policy of this State to protect home care workers from 24-hour
shifts in order to safeguard the health, safety and general well-being
of home care workers and their families, as well as care recipients,
consumers and the public.
PRIOR LEGISLATIVE HISTORY:
2020: A8064A/S06640 referred to labor/REFERRED TO RULES
2019: A8064A/S06640 - referred to labor/REFERRED TO LABOR
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
Immediately.
