Bill > A10333

This bill establishes new rules for the maximum hours home care aides can be required to work, defining a "home care aide" as anyone providing in-home assistance with daily living activities, health-related tasks, or companionship, regardless of their employment arrangement. It sets "maximum home care hours" at twelve-hour shifts per twenty-four-hour period or any single shift exceeding twelve hours. Employers are prohibited from assigning aides more than these maximum hours unless it's due to an "unforeseeable emergent circumstance," which means an unpredictable or unavoidable event requiring immediate action, and even then, the assignment cannot exceed four hours over a twelve-hour shift and requires the aide's voluntary consent. If the emergent circumstance is due to a delayed relief aide, the extended shift is limited to two hours without consent. Staffing shortages, except for the delayed relief scenario, are not considered an unforeseeable circumstance. Any agreement requiring aides to work beyond these limits is void, and refusing such assignments cannot lead to discrimination or penalties. The bill also protects aides who report violations and allows them to bring civil action against employers for violations, with potential remedies including damages and back wages, and empowers the commissioner to take legal action and impose penalties.