Losing Sleep Over Wage and Hour and Healthcare Regulatory Requirements for Home Healthcare Workers

January 23, 2018 | New York | Duane Morris LLP

Duane Morris will be holding a seminar, "Losing Sleep Over Wage and Hour and Healthcare Regulatory Requirements for Home Healthcare Workers," in the firm's New York office on January 23 from 8:30 a.m. to 10:45 a.m.

Registration: 8:30 a.m. to 9:00 a.m.

Program: 9:00 a.m. to 10:45 a.m. 


Eve I. Klein, Partner, Duane Morris LLP

Katelynn Gray, Associate, Duane Morris LLP

Jerome T. Levy, Partner, Duane Morris LLP

Irene Sinayskaya, Principal, Law Offices of Irene Sinayskaya

About the Program

Recently, home healthcare agencies have been a target for class action wage and hour litigation by a cadre of plaintiff’s attorneys looking to capitalize on good faith errors in the application of changing rules. In this seminar, Duane Morris partner Eve I. Klein and associate Katelynn Gray will discuss several wage and hour rules that are critical to New York home healthcare agencies and will address possible ways to reconfigure employment practices and policies to reduce legal risk and overtime expense.

Ms. Klein and Ms. Gray will also explore the controversial topic of how to compensate home care workers who work 24-hours shifts. For many years, home healthcare agencies have relied on the New York State Department of Labor’s (NYSDOL) guidance regarding how to properly pay home care workers who work shifts of 24 hours or more. The longstanding rule of thumb, until recently, was that hours worked may exclude meal periods and sleep time. As discussed in our October 25, 2017 Alert, recent decisions by the New York State Appellate Divisions have rejected this approach and ruled home care workers who work 24-hour shifts are entitled to be paid for all 24 hours of their shift, regardless of whether they were afforded opportunities for sleep and meals. In response to these decisions, on October 6, 2017, the NYSDOL used its “emergency regulation” power to issue an amendment to the regulations to clarify that they should not be construed to require that the minimum wage be paid for meal periods and sleep times that are excluded from hours worked under the Federal Labor Standards Act (FLSA) for a home care worker who works a shift of 24 hours or more. Unless the NYSDOL takes further action, this emergency regulation will expire on January 3, 2018.

Additionally, Duane Morris partner Jerome T. Levy, along with Irene Sinayskaya, principal, Law Offices of Irene Sinayskaya, will address healthcare regulatory and investigative matters critical to New York licensed home care services agencies. Ms. Sinayskaya will report on recent Consumer Directed Personal Assistance Program (CDPAP) developments, including new Department of Health Fiscal Intermediary registration requirements and Fiscal Intermediary responsibilities. Ms. Sinayskaya also will explain the importance of patient care plan development, intake policies and procedures, and proper tracking of home health aide hours worked. Mr. Levy will address Medicaid audits and the audit resources of managed care organizations and private insurers, explaining issues that are ripe for audit and the audit appeal process.