Labor groups representing home health aides filed a federal discrimination complaint against the New York Departments of Health and Labor for their handling of 24-hour home care shifts. NY policy allows workers to be paid for just 13 hours of each shift.
— but said it still had to be properly enforced, so that workers either got all the sleep and meal time they were entitled to or were compensated if they didn't.
But following that ruling, New York regulators did not make an effort to adjust the policy or better enforce it, according to the new discrimination complaint. The filing alleges that, in order to avoid liability, some home care staffing agencies began telling employees not to respond to their patients at night, except in the case of an emergency.
The state Department of Labor declined to comment. The Department of Health did not respond to a request for comment prior to publication. Similar discrimination complaints filed with the U.S. Department of Health and Human Services have resulted in health care entities, according to the federal agency. For instance, after closing a hospital that primarily served Black people, the University of Pittsburgh Medical Center agreed to provide free transportation to other medical facilities and to conduct a series of free health screenings in the affected area throughout the year.
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