MRT 61 - Home Care Worker Wage Parity

Wage Parity Compensation

Under Section 3614-C of the New York State Public Health Law, known as the Home Care Worker Wage Parity Law, home care aides working on Medicaid-funded jobs in the New York City region, as well as Nassau, Suffolk, and Westchester counties must be paid both a base wage and a supplemental benefit portion to meet the minimum compensation requirements.

Compensation Breakdown:

Base Wage: This is set at the current State Minimum Wage for the region.

Benefit Portion: This can be provided in cash or through benefits such as health, education, or pension contributions, as well as wage differentials, supplements in place of benefits, and paid time off. These arrangements are determined in coordination with the New York State Department of Labor.

For all periods on or after January 1, 2024, the benefit portion amount is set at:

New York City Region
$2.54 per hour

Nassau, Suffolk, and Westchester Counties
$1.67 per hour

Important Note: Cash wages that result from increases in state or federal minimum wage cannot count toward the supplemental benefit portion.

Current Rates:
For the most up-to-date information on the current state minimum wage amount, please visit the New York State Department of Labor.

Information regarding minimum wage compliance and rate reimbursements.

FAQs

Important Update:

October 13, 2015 is the implementation date of the United States Department of Labor application of the Fair Labor Standards Act (FLSA) to Domestic Service regulation.

On January 22, 2015, the Department of Labor filed an appeal to the U.S. Court of Appeals for the District of Columbia Circuit in the lawsuit brought by associations of home care companies challenging the Home Care Final Rule.

On January 14, 2015, U.S. District Court Judge Richard Leon issued an opinion and order vacating the Final Rule´s revised definition of companionship services.
The Department of Health is in the process of reviewing this Order.