UPDATE MARCH 2019: The New York Court of Appeals upheld the NYS Department of Labor’s so-called 13 hour rule on March 26, 2019. This effectively reverses the two 2017 lower court rulings that invalidated the policy. The court specifically noted however that any negative impact on a specific shift - for example the interruption of sleep after less than 5 hours, invalidates the rule for that shift and all hours must be compensated. The burden of proof lies with the employer.
Imagine the frustration you would feel after working a stressful 24 hours straight, only to realize that you’re only being paid for 13 hours of that time. Home health aides in the state of New York have said ‘enough is enough’ and in May 2018, several of them as well as two nonprofit advocacy groups, sued the state’s Labor Department and the commissioner Roberta Reardon with the intention of throwing out the state’s emergency regulations that allow for this to happen. Their end goal: to be paid for every hour of a 24-hour work day.