Bill > S01762

This bill establishes comprehensive protections for home care aides by limiting their maximum work hours and ensuring their voluntary consent for extended shifts. The bill defines a home care aide broadly, including various types of in-home care workers, and sets a maximum of twelve consecutive hours per twenty-four-hour period. Employers are prohibited from assigning home care aides to work beyond these hours without the employee's voluntary, explicit consent, and cannot penalize or discriminate against workers who refuse extended shifts. The bill allows exceptions only for unforeseeable emergent circumstances, such as urgent care needs, and even then limits additional hours to a maximum of four over the twelve-hour shift. Home care aides are granted the right to file civil actions against employers who violate these provisions, with potential remedies including compensatory damages, punitive damages, reinstatement, and attorney's fees. Additionally, the bill empowers the commissioner to investigate violations and issue sanctions. The legislation aims to protect home care workers from exploitation, ensure their well-being, and maintain high-quality patient care by preventing worker fatigue and mandatory overtime.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/S1762