In-Home Health Aid Overnight Pay Requirements

Whether you’re a nurse or an assistant, in-home health aid overnight pay requirements can often vary. Our Buffalo Attorney explains in this educational video.

If you’re an in-home health aide, you may be wondering if you should be paid for all the hours you have to spend at your patient’s home. The answer is yes. In September of 2017, the Appellate Division, Second Department – which is an intermediate appellate court in New York State – found that the long-standing rule that in-home health aides were not to be paid for the time they were sleeping was at odds with the minimum wage statute in New York State.

This means if you are an in-home health aide and you spend time sleeping but have to be available to help your patient, then you’re entitled to at least minimum wage for the time you’re sleeping but still there and available to help your patient, even if you don’t have to help your patient in that time. If your employer has failed to compensate you for those hours, you should call the attorneys at Friedman & Ranzenhofer right away for a consultation.

The experienced Buffalo Lawyers of Friedman & Ranzenhofer, PC provide dedicated and knowledgeable legal representation to Western New York residents.  If we can be of any service, contact us at one of our seven locations.

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