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Monday, April 6, 2026

New York City Council Seeks to Disrupt the Home Care Industry by Limiting Hours Aides Can Work - Lexology

On April 14, 2022, New York City Council Member Christopher Marte, along with Public Advocate Jumaane Williams, introduced legislation that would amend the New York City Fair Workweek law (“FWWL”), which currently applies only to fast food and retail employers. The new amendment, if enacted, would expand the scope of the FWWL to cover employers in the home health care services industry and would undoubtedly upend the way home health care services are provided in New York City.

The Bill – Int. No. 0175-2022

If adopted, the bill would amend the FWWL and greatly restrict the number of hours a home care aide may be permitted to work in a single workweek. Specifically, the bill prohibits employers from assigning a home care aide to: (1) a single shift exceeding 12 hours; (2) consecutive 12-hour shifts; or (3) multiple shifts totaling more than 12 hours in any 24-hour period. The bill further prohibits aides from working more than 50 hours in any single workweek. The bill defines "home care aides" broadly as:

a home health aide, personal care aide, personal care attendant, consumer directed personal assistant, home attendant or other licensed or unlicensed person whose primary responsibility includes the provision of in-home assistance with activities of daily living, instrumental activities of daily living or health-related tasks, or the provision of companionship or fellowship, excluding any person who provides any such service to a family member.

A “shift” is defined as...



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