Protecting the Rights of Essential Workers

Today’s New York Times published an op-ed called The Invisible Essential Workers, calling attention to the many hardships homecare and nursing home workers suffer while caring for the elderly in this age of COVID. Among many painful stories caused by our country’s indifference toward the vulnerable, the article points out that New York homecare workers can be paid for only 13 hours of a 24 hour shift, “on the absurd assumption that she’s able to sleep and eat for the remaining hours.” This is indeed an absurd assumption, because the patients prescribed 24 hour care need care 24 hours a day.

The law does give those workers a remedy - if they can show they are unable to get eight hours of sleep per night, of which 5 are uninterrupted, and three hours for meals, those workers are entitled to get paid for all 24 hours of their shift. And, it is the responsibility of the home care agency, not the home care worker, to keep track of all the working hours. Any home care worker who worked those 24 hour shifts, and worked more than 13 hours, may have a claim to be paid for those hours. Menken Simpson & Rozger LLP stands ready to help those essential workers get they pay they deserve.