New York S 1762: Relates to the maximum hours for home care aides

Bill Text

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S01762 Summary:

BILL NOS01762 

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SAME ASSAME AS A10333

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SPONSORPERSAUD

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COSPNSRBAILEY, BRISPORT, BROUK, FERNANDEZ, GIANARIS, HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU, MAY, MYRIE,
 RAMOS, RIVERA, SALAZAR, SANDERS, SERRANO, STAVISKY

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MLTSPNSR

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Add §167-a, Lab L

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Places limits on the maximum amount of hours a home care aide may be required to work without voluntarily consenting to such an assignment.

Go to top S01762 Actions:

BILL NOS01762 

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01/13/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS01762 Committee&nbspVotes:

Go to topS01762 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01762 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1762

 2025-2026 Regular Sessions

 IN SENATE

 January 13, 2025
 ___________

 Introduced by Sens. PERSAUD, BAILEY, BRISPORT, BROUK, FERNANDEZ, GIANAR-
 IS, HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU, MAY, MYRIE, RAMOS, RIVERA,
 SALAZAR, SANDERS, STAVISKY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Labor

 AN ACT to amend the labor law, in relation to maximum hours for home
 care aides

 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, consumer directed personal assistant,
 6 home attendant or other licensed or unlicensed person whose primary
 7 responsibility includes the provision of in-home assistance with activ-
 8 ities of daily living, instrumental activities of daily living or
 9 health-related tasks, or the provision of companionship or fellowship.
 10 The provisions of this section shall apply equally to services provided
 11 by home care aides who work on episodes of care as direct employees of
 12 the care recipient, certified home health agencies, long term home
 13 health care programs, or managed care plans, or as employees of licensed
 14 home care services agencies, limited licensed home care services agen-
 15 cies, or under any other arrangement.
 16 (b) "Unforeseeable emergent circumstance" means an unpredictable or
 17 unavoidable occurrence that requires immediate action.
 18 (c) "Maximum home care hours" shall mean (i) consecutive twelve-hour
 19 shifts per twenty-four hour period or (ii) any one single shift exceed-
 20 ing twelve hours per twenty-four hour period.
 21 2. (a) Notwithstanding any provision of law to the contrary, no
 22 employer shall assign a home care aide to more than the maximum home
 23 care hours except as provided for in subdivision four of this section.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05041-01-5

 S. 1762 2

 1 (b) Any requirement of a home care aide to accept an assignment for
 2 more than the maximum home care hours contained in any contract, agree-
 3 ment or understanding executed or renewed after the effective date of
 4 this section shall be void.
 5 3. The agreement of any home care aide to accept an assignment for
 6 more than the maximum home care hours shall be voluntary. Consent to
 7 accept an assignment for more than the maximum home care hours must be
 8 expressly provided by the employee. Consent to accept an assignment for
 9 more than the maximum home care hours on a specific occasion shall not
 10 constitute implied consent to accept such assignment in the future. The
 11 refusal of a home care aide to accept an assignment for more than the
 12 maximum home care hours shall not be grounds for discrimination,
 13 dismissal, discharge, threats, or any other penalty or employment deci-
 14 sion adverse to the employee.
 15 4. (a) The provisions set forth in subdivision two of this section
 16 shall not apply in case of an unforeseeable emergent circumstance when
 17 assignment for more than the maximum home care hours is determined
 18 necessary, provided that the employer has exhausted all reasonable
 19 efforts to obtain proper staffing. However, such assignment shall not
 20 e