Ain’t I A Woman 2018 Fall Newsletter is published. Click here to view or download.
You can get involved! Here’s how:
Despite a winter storm warning, more than 50 home attendants and other workers from the Ain’t I a Woman?! Campaign traveled to Albany this month (2/12/19) to urge the NYS Court of Appeals to uphold the decisions of the lower courts: home attendants working a 24-hour workday have the right to 24-hour’s wages. After a brief press conference on the steps of the Court with snow falling fast, workers attended the hearing of two cases, Andreyeyeva v. New York Health Care and Moreno v. Future Care Health Services, Inc..
Inside, the Court heard from agency lawyers about the conditions of home attendants even though more than 40 home attendants sat listening. Agency and NYS Dept. of Labor lawyers argued that home attendants, who have their own homes but work 24 hour shifts should be treated like “live-in” workers who actually reside in the home of the individual being cared for. Judges challenged this point, sarcastically saying, “I suppose a worker on an 8 hour should would also be “living-in” their patient’s home.” A judge also made a comparison to firefighters, who are paid for their full workday in the fire hall even if they have time to sleep or eat. The judge said that firefighters are “there when you need them and they’re required to be there. Aren’t [home care workers] the same?”
The decision is set to be released in 4-6 weeks. Contact us today to get involved and hear updates on this case!
Home care workers urge the NYS Court of Appeals to reject inhuman working conditions and uphold the lower court decision
When: February 12, 2019, 1pm
Where: in front of NYS Court of Appeals, 20 Eagle Street, Albany, NY
Home attendants, other workers and supporters from across the state will call on the NYS Court of Appeals for long-overdue justice: to be paid for all 24 hours of a 24-hour shift. The court will hear opening arguments for ANDRYEYEVA v NEW YORK HEALTH CARE and MORENO v FUTURE CARE HEALTH SERVICES, INC., two cases in which home attendants who worked 24-hour shifts are demanding pay for all hours they worked. For years, these home attendants only received pay for 12 or 13 hours for a 24 hour workday. Lower courts have ruled in both cases that home attendants are entitled to all 24 hours of pay.
Governor Andrew M. Cuomo’s proposed State Budget 2019 would shut down an important program for home attendants and people needing home care and their families. Through the State Budget, which proposes to de-fund the CONSUMER DIRECTED PERSONAL ASSISTANCE (CDPA) Program, Governor Cuomo is hurting the health and welfare of hundreds of thousands of New Yorkers who give and receive home care. The CDPA Program allows New Yorkers to choose and pay a home attendant of their liking, including family members, who often already bear the brunt of care-giving responsibilities. Without this program, many New Yorkers would not be able to get the care they need and deserve, and home attendants – many of whom are family members – will not be able to survive. This is just another attempt to shift the burden of care onto fewer and fewer workers, for less and less pay. Workers who already have to work 24-hour shifts will have to put in longer hours.
Join us to fight back. What New York needs is not less care but more.
- We call on Governor Cuomo to fully fund home care, so that people can receive all the care that they need.
- We call on Governor Cuomo to declare a 24-hour workday illegal: people requiring 24 hours of care should be provided split shifts of 12 hours each to allow home attendants and family caregivers time to rest and people with illnesses and disabilities to receive proper care.
Call us today at 212-358-0295 to learn more and find out how you can get involved!