New York overtime rules for home care workers

In New York, overtime is time-and-a-half after 40 hours in a workweek. The state minimum wage is $17.00 an hour. The federal Home Care Rule bars agencies from the companionship and live-in exemptions, though the Department of Labor stopped enforcing it against agencies in July 2025 while it considers undoing it. New York's own law also requires overtime for agency caregivers, with limits explained below.

What are New York's overtime and minimum wage rules?

$17.00 in New York City, Long Island and Westchester and $16.00 elsewhere; home care aides have a separate minimum under Public Health Law 3614-f of $19.65 downstate and $18.65 elsewhere in 2026, rising to $20.00 and $19.00 on 2027-01-01.

Does New York law require overtime for agency caregivers?

Yes, but the rate can drop. New York's wage order requires overtime after 40 hours (44 for residential employees) even for workers the federal law exempts, but for them it is 1.5 times the state minimum wage rather than 1.5 times their own pay (12 NYCRR 142-2.2). The Domestic Workers' Bill of Rights, which pays 1.5 times the normal rate, does not cover companions employed by an agency (Labor Law 2(16)). So if agencies can claim the federal companionship exemption again, those aides would still get overtime, at the lower rate.

Does New York have special rules for home care workers?

The Domestic Workers' Bill of Rights gives 1.5x after 40 hours a week, or 44 hours for live-in workers, plus 24 hours of rest every seven days (overtime if they agree to work it). Home care aides also may be owed spread-of-hours pay (one extra hour at minimum wage) for workdays over 10 hours, call-in pay and uniform maintenance pay.

Can sleep time be unpaid on 24-hour shifts in New York?

For 24-hour shifts, aides are paid for 13 hours if they get 8 hours of sleep (5 uninterrupted) and 3 hours of uninterrupted meal breaks; otherwise more hours are owed.