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ARTICLE · 12 OCTOBER 2017

NY DOL To Soon Issue Explanatory Statement On Recent Wage Order Amendment

As we recently reported, on October 6, 2017, the NYDOL issued an amendment to its Minimum Wage Order for Miscellaneous Industries and Occupations regulation to clarify that bona fide meal periods...

United StatesEmployment and HR

As we recently reported, on October 6, 2017, the New York State Department of Labor ("NYDOL") issued an amendment to its Minimum Wage Order for Miscellaneous Industries and Occupations regulation to clarify that bona fide meal periods and sleep times may be excluded from hours worked by home care aides who work a shift of 24 hours or more in accordance with federal Fair Labor Standards Act regulations.

The NYDOL issued the amended regulation to this Wage Order as an "emergency regulation" pursuant to the State Administrative Procedure Act §202(6). Thus, the emergency regulation is only effective for 90 days. The NYDOL, when issuing an emergency regulation, must publish a statement explaining why the issuance of the emergency regulation is necessary. We have been advised that this statement will be available in the next two weeks and, in any event, published in the State Register on October 25, 2017.

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