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Sleep and Meal Time Regulations

For nearly half a century, New York State has followed federal regulations for home health care workers, in line with decades of case law and interpretation, and consistent with other states, to exclude sleep and meal time under certain circumstances where employees work, sleep, and eat at the same location. The Department is codifying nearly 50 years of state orders and determinations into regulations, consistent with well-established federal standards governing 24-hour home care, which have and will continue to protect workers. The Department seeks further input prior to adopting permanent regulations.

Notice of Hearing

The New York State Department of Labor hereby gives notice that it will hold a public hearing to receive testimony on proposed regulations that clarify that hours worked may exclude meal periods and sleep times for employees who work shifts of 24 hours or more. The hearing will be held at 11 a.m. on July 11, 2018 at 55 Hanson Place, Brooklyn, NY 11217.

Register here if you plan to attend or testify.


Oral presentations may be strictly limited to 3 minutes each. Priority in seating and speaking will be given to those who preregistered. Seating and speaking order will be handled on a first-come, first-served basis and as determined by event staff.

Written testimony must be submitted to: prior to the hearing.

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