The New York Department of Labor’s (NYDOL) longstanding interpretation of its wage order as applied to the work hours of non-residential employees performing 24-hour (so-called “sleep-in” or “live-in”) shifts has been upheld by the New York Court of Appeals, to the relief of the state’s home healthcare industry. Andryeyeva v. New York Health Care, Inc., No. 11, and Moreno v. Future Care Health Servs., Inc., No. 12, 2019 N.Y. LEXIS 617 (N.Y. Mar. 26, 2019).
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