12 CRR-NY 143.7NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER II. DIVISION OF LABOR STANDARDS
SUBCHAPTER B. MINIMUM WAGE ORDERS
PART 143. REGULATIONS APPLICABLE TO EACH NONPROFITMAKING INSTITUTION WHICH CERTIFIES IT WILL PAY THE STATUTORY MINIMUM WAGE TO EACH EMPLOYEE IN LIEU OF BEING COVERED UNDER A MINIMUM WAGE ORDER
12 CRR-NY 143.7
12 CRR-NY 143.7
143.7 An hour.
The term an hour shall include each hour an employee is permitted to work, or is required to be available for work at a place prescribed by the employer, and shall include time spent in traveling to the extent that such traveling is part of the duties of the employee. However, a residential employee—one who lives on the premises of the employer—shall not be deemed to be permitted to work or required to be available for work:
(a) during such employee's normal sleeping hours solely because he or she is required to be on call during such hours;
(b) at any other time when he or she is free to leave the place of employment.
Notwithstanding the above, the term an hour shall not be construed to include meal periods and sleep times that are excluded from hours worked under the Fair Labor Standards Act of 1938, as amended, in accordance with sections 785.19 and 785.22 of 29 C.F.R. for a home care aide who works a shift of 24 hours or more.
12 CRR-NY 143.7
Current through June 30, 2021
| End of Document |