The Hon. Eileen Rakower, a New York State Supreme Court Judge, ruled that the DOL’s Emergency Regulation allowing live-in workers to receive 13 hours of pay for 24-hour shifts was “null, void and invalid.” The court took issue with the justification for the Emergency Regulation. It has been the rule that a live-in aide is be paid for 13 hours of a day, with the balance of time relegated for sleep and meals.

The result of this decision is catastrophic for those seeking and/or who have received live-in care. The cost for such care will double overnight based upon this ruling! And, if that is not enough, an aide who provided live-in care can go back as far as six years to seek recovery from the employer for those unpaid hours.

Although the ruling is likely to be appealed, and the Department of Labor in NY is likely to take action, everyone should be aware of this ruling which might obliterate live in homecare in NY.

Click here to view actual ruling. Contact us with any questions: 631.427.4600

Thank you,

David R. Okrent, Esq. CPA