Despite the vital importance of their work, home health aides in New York rarely earn more than the minimum wage, and about 18% of aides statewide live below the poverty level, reported the Mayor Bill de Blasio’s office.
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In a statement, Prosecutor James reported that this is one of the largest agreements of its kind ever reached in New York and stated: “Home health aides are on the front line at the service of the most vulnerable in our communitiesHowever, these agencies denied them the most basic form of dignity and respect: a fair wage for a hard day’s work. “
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De Blasio, for his part, said: “Home health care workers take care of our families and not only deserve paid sick and safety leave, they have the right to take it.” And he added that this agreement carries a message “for any New York City company that believes it can get away with retaining workers’ rights and violating our laws: we will hold you accountable ”.
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Rights of health care assistants in New York
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Fair wage.
Home health aides must be paid the minimum wage in accordance with applicable state and municipal wage guidelines (here). Additionally, home health workers are eligible for overtime, breaks, and paid time off. It is important to remember that earning less than minimum wage or not getting overtime are forms of wage theft.
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Overtime protection.
Home health workers who do not live in their workplace are entitled to receive their salary for all hours greater than 40 per week, while internal workers must receive overtime for all hours greater than 44 per week .
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Break.
Home health workers typically work shifts of 24 hours or more, including sleep time, and must be paid for the entire 24-hour shift. This is because these workers rarely, if ever, have a uninterrupted sleep. Rather, customers need your attention around the clock, requiring workers to wake up and take care of them.
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Also in New York, home health aides are entitled to an unpaid meal break of at least 30 minutes, provided they work 6 hours or more. Additionally, under New York State law, home health care workers qualify for three days of paid time off per year, while assistants in New York City are entitled to 2 additional days of paid time off, after one year of employment.
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Equality.
Home health care workers also have protections against discrimination and sexual harassment under New York State Human Rights Law. The protections against sexual harassment apply to all employers, regardless of the number of employees in your company. Examples of sexual harassment include unwelcome sexual advances, verbal or physical conduct of a sexual nature, requests for sexual favors, or creating a hostile work environment.
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If you have questions about your rights, you can visit this page, or write to: [email protected]
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