For years, home care workers in New York have sounded the alarm about 24-hour shifts. Many aides say they are sent into a client’s home for a full day and night, expected to remain available the entire time, but paid for only part of the shift.
That fight is now getting renewed attention. According to recent reporting, 24-hour home care aides received new support after a judge ordered the New York State Department of Labor to reopen wage claims filed by home care workers. The workers had alleged that they were denied wages for long shifts where they were required to remain in a client’s home and provide care through the day and night.
The issue is not abstract. Home care aides often help clients with eating, bathing, toileting, medication reminders, mobility, and other daily needs. When a worker is assigned to a 24-hour shift, the reality of the job may leave little room for real sleep or uninterrupted meal breaks.
The Problem With Paying Only 13 Hours of a 24-Hour Shift
New York’s “13-hour rule” has allowed some home care agencies to pay aides for only 13 hours of a 24-hour shift, but only if strict conditions are met. The aide must receive sleep and meal breaks, including at least five hours of uninterrupted sleep.
That is where many disputes arise.
If a home care worker is repeatedly interrupted during the night, cannot leave the home, has to respond to the client’s needs, or does not actually receive uninterrupted sleep and meal breaks, the agency may not be allowed to treat those hours as unpaid time.
In other words, an employer cannot simply call time a “break” if the worker is still working.
What Counts as Wage Theft in Home Care?
Wage theft can happen in many ways. For home care workers, common examples include:
- being paid for only 13 hours of a 24-hour shift even when the worker did not receive proper sleep or meal breaks;
- failing to pay overtime after 40 hours in a week, or 44 hours for certain residential employees;
- paying a flat day rate without properly calculating overtime;
- failing to pay for all hours the worker was required to remain available;
- not paying spread-of-hours pay when the workday lasts more than 10 hours;
- failing to provide accurate wage statements; and
- discouraging workers from complaining about unpaid wages.
Many workers are also told that nothing can be done because they signed paperwork, agreed to arbitration, or were paid through a particular agency structure. But those facts do not automatically erase wage rights.
Home Care Workers Have Rights Even When the Employer Keeps Bad Records
Employers are required to keep accurate records of hours worked and wages paid. But many home care workers do not receive clear time records or paystubs that accurately show what happened during a shift.
That does not mean the worker has no claim.
Workers can still use schedules, text messages, call logs, notes, pay records, and their own recollection to help show the hours they worked. In wage cases, courts often recognize that employers should not benefit from failing to keep proper records.
Mandatory Arbitration Does Not Mean Wage Claims Disappear
Some home care agencies require workers to sign arbitration agreements. These agreements may say that disputes must be handled outside of court.
But arbitration does not mean the worker was paid correctly, and it does not mean wage theft becomes legal. Workers may still have rights under the New York Labor Law and the Fair Labor Standards Act.
The recent attention around NYSDOL’s handling of home care wage claims shows why this issue matters. Workers who spend years caring for others should not be pushed out of the system when they try to recover wages they earned.
What Should Home Care Workers Do?
If you worked 24-hour shifts, you should try to gather anything that shows your schedule, pay, and working conditions, including:
- paystubs;
- schedules;
- text messages with coordinators or supervisors;
- notes showing when you were interrupted during sleep time;
- records of overnight care;
- bank deposits;
- time sheets;
- client care plans; and
- any arbitration agreement or employment paperwork you signed.
You do not need perfect records before speaking with a lawyer. Many workers only have pieces of the story at first. That is normal.
Speak With a New York Home Care Wage Lawyer
Home care workers do some of the most important work in New York. They care for elderly, disabled, and vulnerable people, often under exhausting conditions. They deserve to be paid for their time.
If you worked as a home health aide, personal care aide, home attendant, companion, or live-in caregiver and believe you were not paid for all of your hours, you may be entitled to unpaid wages, overtime, liquidated damages, and other relief.
Pechman Law Group represents workers in wage theft, overtime, misclassification, and home care pay cases. Contact us to discuss your rights.
