More than 1,000 New York attendants who work 24-hour shifts caring for elderly and disabled clients in their homes have been approved to proceed with their wage-and-hour class action.
The attendants, who are paid an hourly rate for 12 daytime hours and a flat rate for 12 nighttime hours, argue that they should be paid at least minimum wage for each hour of a 24-hour shift. They also want to be paid 1.5 times the hourly rate for working more than 40 hours in one week and to be paid a statutorily required premium “of one additional hour at the minimum wage rate” for days they work in excess of 10 hours.
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