Workers brave storm, urge NYS Court of Appeals to uphold right to 24-hour’s pay for 24-hour workday

Despite a winter storm warning, more than 50 home attendants and other workers from the Ain’t I a Woman?! Campaign traveled to Albany this month (2/12/19) to urge the NYS Court of Appeals to uphold the decisions of the lower courts: home attendants working a 24-hour workday have the right to 24-hour’s wages. After a brief press conference on the steps of the Court with snow falling fast, workers attended the hearing of two cases, Andreyeyeva v. New York Health Care and Moreno v. Future Care Health Services, Inc..

Inside, the Court heard from agency lawyers about the conditions of home attendants even though more than 40 home attendants sat listening. Agency and NYS Dept. of Labor lawyers argued that home attendants, who have their own homes but work 24 hour shifts should be treated like “live-in” workers who actually reside in the home of the individual being cared for. Judges challenged this point, sarcastically saying, “I suppose a worker on an 8 hour should would also be “living-in” their patient’s home.” A judge also made a comparison to firefighters, who are paid for their full workday in the fire hall even if they have time to sleep or eat. The judge said that firefighters are “there when you need them and they’re required to be there. Aren’t [home care workers] the same?”

The decision is set to be released in 4-6 weeks. Contact us today to get involved and hear updates on this case!