New York DOL Rules Home Care Agencies Not Required To Pay For Meals & Sleep Breaks On 24-Hour Shifts

On October 6, 2017, the New York State Department of Labor (NYDOL) issued clarifications to its minimum wage rules, one of which stated that home care provider organizations are not required to pay workers on a 24-hour shift at a consumer’s home during their meal breaks or scheduled sleep breaks. Compensation during breaks is not required under the federal Fair Labor Standards Act or the New York State Labor Law, regardless of whether the worker maintains his or her own residence.

The NYDOL clarifications were issued in “Minimum Wage Order For Miscellaneous Industries & Occupations.” The clarifications were . . .