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New York’s highest court holds that home health aides are not entitled to 24-hour pay

Recently, New York’s highest state court, the Court of Appeals, held that the New York Labor Law (NYLL) does not automatically entitle New York home health care providers to wages for each hour worked during a 24-hour shift. The ruling is the result of an appeal of two state court class actions in which home … Continue Reading

California Supreme Court clarifies rules regarding health care employees’ waiver of second meal breaks

In an important decision for California health care employers, the California Supreme Court recently confirmed that certain health care employees are allowed to waive their second meal breaks even if they work more than 12 hours in a shift. History of the Gerard litigation In 2015, the California Court of Appeal shocked health care employers … Continue Reading

Plaintiffs’ Attorneys Targeting Health Care Facilities in Wage and Hour Lawsuits

A series of wage and hour collective actions initially filed in New York and Pennsylvania have begun to swell across the country. Plaintiffs’ attorneys are targeting health care facilities over their alleged failure to comply with meal break rules. Specifically, such suits claim that employers have automatically deducted 30 to 60 minutes of time for employees’ meal … Continue Reading

Ban on Mandatory OT for Nurses Effective This Year

On October 9, 2008, Governor Ed Rendell provided a victory for nurses’ unions by signing the Prohibition on Excessive Overtime in Health Care Act. The Act prohibits employers from mandating overtime for direct patient caregivers, including nurses and nurses’ assistants, in Pennsylvania’s hospitals and health care facilities. Effective July 1, 2009, hospitals and health care facilities will … Continue Reading
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