Court orders state labor department to pursue 24-hour home care cases for over 150 workers amNewYork

"Chen said her 24-hour shifts were never fully compensated under the New York state law that stipulates that health aides can only be paid for 13 hours for each shift with an 11 hour required break for meals and sleep because she wasn't allowed to take her legally mandated breaks. The decision orders the DOL to continue its investigation of Chen and her fellow unionized workers' cases, stepping around a forced arbitration agreement that her union 1199SEIU negotiated for its workers several years ago."

"Finally the state Supreme Court acquired an order that the state Department Labor needs to pursue stolen wages for workers who are unionized. I am here standing to demand an immediate [repayment] of my [blood and sweat] wages, said Chen through a translator. The home care workers were joined by other labor groups, who led chants of No more 24, and called on the DOL to enforce violations of the home care labor law."

An Albany County judge ordered the New York State Department of Labor to reopen wage theft cases for at least 150 unionized home care aides who allege unpaid wages for 24-hour shifts. Plaintiffs say state law allows pay for 13 hours with an 11-hour break, but aides were not allowed those mandated breaks. The ruling requires the DOL to continue investigations and bypasses a forced arbitration agreement negotiated by 1199SEIU. Workers rallied outside the Chinese‑American Planning Council demanding repayment, joined by labor groups chanting No more 24. Advocates seek a City Council bill to limit shifts to 12 hours in New York City. The DOL is appealing.

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