Wage Rights
Unpaid Wages for New York Home Care Aides
Home health aides, personal care aides and CDPAP caregivers in New York often work 24-hour shifts, live-in schedules or very long weeks. If you are not paid for all the hours you actually work, including overtime, you may be owed significant back wages.
24-hour shifts and live-in work
Some agencies pay aides for only part of a 24-hour shift. That is allowed only under certain conditions, such as when the aide actually gets to sleep and take real meal breaks. If you are regularly woken up at night to help your client, or you can't take your breaks, you may be owed pay for more of those hours.
Other common violations
No overtime pay for long work weeks
Late or missing paychecks, or hours left off your pay
No pay for travel time between clients during the workday
No written pay notice, or pay stubs that don't show all your hours
Being called an "independent contractor" or paid in cash to avoid overtime
Your rights
Workers who were underpaid may be able to recover back wages and additional damages. You are protected regardless of immigration status, and it is illegal for an employer to fire or punish you for asking about your pay. Claims have time limits, so it's best to act soon.
In the news
Home care workers have recovered major settlements for unpaid wages. Read about CDPAP home care workers and $90 million in unpaid wages.
Talk to us for free
Consultations are free and confidential, in English or Spanish. Call (212) 792-0046 or send us your information. You can also estimate your unpaid overtime or check whether you may be eligible.