Home Health Aide Providing Medical Services
Certified by state agency, directed by Registered Nurse.
Your Rights:
- Minimum wage: $17.00 per hour in New York City, and in Nassau, Suffolk, and Westchester counties; $16.00 per hour throughout the rest of New York State, plus an additional amount under Wage Parity Laws.
- Overtime Pay: One and one-half times your regular rate for all hours worked beyond 40 hours in a 7-day workweek, or 44 hours if you live in the home of your employer.
- Around the clock care: If you work 24-hour shifts, you must be paid for at least 13 hours if given 5 hours uninterrupted sleep. If you do not get 5 consecutive hours of uninterrupted sleep, you must be paid for all the hours you work.
- Weekly pay: Wages must be paid every week.
- Wage information: You are entitled to receive a wage notice at hire and weekly statements in both English and your primary language. Employers must include information for each wage parity supplemental benefit provided, and the hourly rate for each, on the employee’s wage statements.
- Weekly Rest Periods: At least 24 consecutive hours of rest each week. If you voluntarily work on your designated rest day, those hours must be paid at the overtime rate.
- Paid Rest Days: After one year of employment, you are entitled to three paid rest days each year.
Employed through an agency?
Agencies must provide a written statement detailing job conditions — wages, hours, services, and terms. A copy must be retained for three years. Agencies must ensure licensure, maintain records, conduct annual assessments, and provide in-service education.
Companionship Services
If you care for an older person or someone who cannot care for themselves because of a disability, illness, or injury, you may be providing “companionship services.” Under federal and state law, some companionship workers may be exempt from federal minimum wage and overtime protections.
Companionship work generally includes providing company and safety, such as talking, reading, playing games, going for walks, or accompanying someone to appointments. It can also include everyday care, such as bathing, dressing, eating, or preparing meals—but these duties generally must be limited to 20% of your work time to qualify for the exemption.
Important: A home-care agency or other third-party employer generally cannot claim the companionship exemption. This means workers employed by an agency may be entitled to federal minimum wage and overtime protections, even when they provide companionship services. Different rules may apply to workers employed directly by the family or household.
The companionship exemption is very fact specific, contact us to find out if you are exempt.
