Certainty is (Even Closer) on the Horizon for the New York Home Care Industry

The New York home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are employed by third-party agencies must be paid for every hour of the shift and employers could not deduct sleep and meal periods.1 The uncertainty on how to pay the attendants could only be resolved by the court of appeals. Now, that time has come.