On April 11, 2017 the NY Supreme Court, Appellate Division for the First Department ruled in favor of the plaintiffs in the Tokhtaman v. Human Care, LLC case. The plaintiffs in this matter argued that home health aides were not being paid for all hours worked, overtime, and spread of hours. The courts decided that nonresidential home health aides who work as live-ins at a client’s home are eligible for overtime.
What Does This Mean & Who Does This Affect?
Home Health Aides in New York (Manhattan) and Bronx Counties who work through agencies as “live-ins” or work 24 hour shifts may be affected. To be eligible to receive overtime pay, home health aides must maintain their own residence. Until now, many companies paid a maximum of 13 hours for these shifts assuming that they slept for a portion of time and ate for a portion of time without interruption. However, we know that many clients need more than 13 hours of assistance and as such, this time has gone unaccounted for and unpaid. This order means that agencies could potentially owe their home health aides at least 11 hours in wages for every 24-hour shift completed in the last 6 years.
What Can You Do About It?
If you or anyone you know has worked as a live-in home health aide, you may be entitled to recover damages for owed wages. It is important to contact a NYC employment lawyer to discuss your rights. You can call one of the employment lawyers at Fitapelli & Schaffer, LLP for a free phone consultation. One of our experienced attorneys will address your concerns and let you know if we can assist you going forward. We can be reached at (212) 300-0375 or for more information, please visit our website www.fslawfirm.com.