The Legal Aid Society filed this class action lawsuit to reopen a years-long New York State Department of Labor (NYSDOL) investigation into the stolen wages of home care aides forced to work 24-hour shifts for only 13 hours of pay. The NYSDOL found “overwhelmingly collaborative” evidence that home care workers assigned to work 24-hour shifts are systematically subjected to wage theft by their employers. Home care workers who work 24-hour shifts are paid for just 13 hours of their shifts under the assumption that they are able to get at least five consecutive hours of sleep while at work, eight hours of sleep altogether, and can take three hours away from their patients for meals. However, many aides have long said this practice was impossible, given their patients’ around-the-clock needs. In addition to missing out on sleep and adequate pay, these conditions also make homecare workers extremely vulnerable to occupational injuries that often lead to permanent disability.

A New York Supreme Court found that NYSDOL violated the law when it dismissed these home care aides’ cases. The Court certified a class of similarly situated aides.

The decision finding that NYSDOL violated the law is on appeal.