A Local Law to amend the administrative code of the city of New York, in relation to maximum working hours for home care employees

Summary

This bill would, beginning on its effective date of April 1, 2027, prohibit home care employers, including CDPAP consumers, from assigning a home care employee a shift that is longer than 12 hours, consecutive 12-hour shifts, or shifts totaling more than 12 hours in any 24-hour period. Until October 1, 2027, employees would be permitted to provide written notice to opt-in to shifts in excess of the 12-hour shift limits. The bill would also prohibit home care employers from assigning shifts totaling more than 56 hours per week to a home care employee, unless the employee provides written notice to opt-in to be assigned more than 56 hours per week. This bill would also require the Department of Consumer and Worker Protection (DCWP) to conduct investigations of complaints of violations of this law. Penalties for violations would be $2,500 for employers who are a home care services agency, and $500 for employers who are CDPAP consumers, except that employers who are CDPAP consumers would not receive a monetary fine for a first violation. The bill would also require that employers provide home care employees with a notice of their rights and would task DCWP with conducting a study and issue a report of the home care industry, to be completed and posted no later than April 1, 2028. The prohibition on assigning shifts in excess of 12 hours would not apply to shifts assigned to unionized home care employees covered by a collective bargaining agreement (CBA) that was in place as of February 18, 2026. The prohibition on assigning such shifts to such employees would only begin to apply on the date of termination of the CBA, or, if the existing CBA is replaced or renewed by December 31, 2027, the prohibition would begin to apply on the termination date of such renewed/replaced CBA.

Official summary of legislation · NYC Council