N.Y. Public Health Law § 3614-f: Home care minimum wage increase

§ 3614-f. Home care minimum wage increase. 1. Definitions. For the

purpose of this section:

(a) "Home care aide" shall have the same meaning as defined in section

thirty-six hundred fourteen-c of this article.

(b) "Home care worker wage adjustment" shall mean a supplemental

amount of wages equal to the rate of change in the average of the three

most recent consecutive twelve month periods between the first of August

and the thirty-first of July, each over their preceding twelve month

periods published by the United States department of labor

non-seasonally adjusted consumer price index for northeast region urban

wage earners and clerical workers (CPI-W) or any successor index as

calculated by the United States department of labor.

(c) "Downstate" shall mean all counties within New York city and the

counties of Nassau, Suffolk and Westchester.

(d) "Remainder of state" shall mean all counties in the state of New

York other than the counties in downstate.

2. (a) Beginning October first, two thousand twenty-two, in addition

to the otherwise applicable minimum wage under section six hundred

fifty-two of the labor law, or any otherwise applicable wage rule or

order under article nineteen of the labor law, the minimum wage for a

home care aide shall be increased by an amount of two dollars and zero

cents.

(b) for the period January first, two thousand twenty-four through

December thirty-first, two thousand twenty-four, the minimum wage for a

home care aide shall be as follows:

(i) for each hour worked in downstate, eighteen dollars and fifty-five

cents; and

(ii) for each hour worked in remainder of state, seventeen dollars and

fifty-five cents;

(c) for the period January first, two thousand twenty-five through

December thirty-first, two thousand twenty-five, the minimum wage for a

home care aide shall be as follows:

(i) for each hour worked in downstate, nineteen dollars and ten cents;

and

(ii) for each hour worked in remainder of state, eighteen dollars and

ten cents;

(d) for the period January first, two thousand twenty-six through

December thirty-first, two thousand twenty-six, the minimum wage for a

home care aide shall be as follows:

(i) for each hour worked in downstate, nineteen dollars and sixty-five

cents; and

(ii) for each hour worked in remainder of state, eighteen dollars and

sixty-five cents;

(e) beginning January first, two thousand twenty-seven, and each

January first thereafter, the minimum wage for a home care aide shall be

the sum of the minimum wage for a home care aide from the prior calendar

year and the home care worker wage adjustment.

(f) (i) Notwithstanding any provision of law to the contrary, in no

event shall the minimum wage for a home care aide in downstate exceed

the sum of the wage set by the commissioner of labor pursuant to

paragraph (a) of subdivision one-b of section six hundred fifty-two of

the labor law plus three dollars and zero cents.

(ii) Notwithstanding any provision of law to the contrary, in no event

shall the minimum wage for a home care aide in remainder of state exceed

the sum of the wage set by the commissioner of labor pursuant to

paragraph (b) of subdivision one-b of section six hundred fifty-two of

the labor law plus three dollars and zero cents.

3. Where any home care aide is paid less than required by subdivision

two of this section, the home care aide, or the commissioner of labor

acting on behalf of the home care aide, may bring a civil action under

article six or nineteen of the labor law; provided that this shall not

preclude the commissioner of labor from taking direct administrative

enforcement action under article six of the labor law.

4. (a) The department is authorized to address, to any provider of

medical assistance program items and services that is an employer of

home care aides, or officers thereof, any inquiry in relation to its

contracts, employment or other relationship, and wages, compensation and

other benefits paid to home care aides, including individually

identifiable data and payroll reports. Every entity or person so

addressed shall reply in writing to such inquiry promptly and

truthfully, and such reply shall be, if required by the department,

signed by such individual, or by such officer or officers of a

corporation, as the department shall designate, and affirmed by them as

true under penalty of perjury. In the event any entity or person does

not provide a good faith response to an inquiry from the department

pursuant to this section within a time period specified by the

department of not less than fifteen business days, such entity or person

shall be subject to civil penalties under section twelve of this

chapter. Each day after the deadline established by the department for

reply until such time that the provider submits a good faith response

shall be considered a separate and subsequent violation. In accordance

with the process outlined in this paragraph, employers shall provide any

documents or materials in the employer's possession, custody, or control

that are requested by the department as needed to support or verify the

employer's reply.

(b) Any reports or other information furnished to the department under

this subdivision shall be deemed a confidential communication and shall

not be subject to inspection or disclosure in any manner, including

article six of the public officers law or department regulations in

conformance therewith, except as provided in this section, pursuant to a

judicial subpoena issued in a pending action or proceeding, or upon

formal written request by the department of labor, the office of

attorney general, or a duly authorized public agency.

(c) The department shall no less than annually provide a report to the

governor, temporary president of the senate, and speaker of the assembly

summarizing the information obtained by the department under this

subdivision. Such report shall not contain individually identifiable

data.