On March 26, 2019, in a 5-2 ruling, the Court of Appeals ruled in favor of providers in a critical decision affecting home health care. Andryeyeva v. N.Y. Health Care, Inc. and Moreno v. Future Care Health Servs. et al. was a joint appeal in a case that threatened to eviscerate an important economic constraint on the cost of providing live-in 24-hour home care, and which placed at risk the fiscal integrity of New York’s Medicaid program and the very existence of New York’s home care industry.

Home health aides challenged the New York State Department of Labor’s (DOL) 13-hour rule, which provides that live-in employees must be paid for at least 13 hours per 24-hour period, provided they are afforded at least eight hours of sleep, five hours of which must be uninterrupted, and three hours for meal times. If the aides are given the required sleep and meal times, totaling 11 hours, they are not paid for these breaks. In this case, home health aides argued that they were entitled to minimum wage for all 24 hours of their shifts, regardless of whether they were afforded opportunities for sleeping and eating. Providers long had relied on DOL’s interpretation when compensating their employees, and were suddenly in jeopardy of being held liable for retrospective pay exceeding an estimated $4.8 billion.

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Photo of Eric B. Sigda Eric B. Sigda

Eric B. Sigda is a shareholder in Greenberg Traurig’s Labor & Employment Practice. He represents management in litigating federal and state employment matters including claims involving allegations of discrimination, harassment, whistleblowing, Sarbanes-Oxley retaliation, breach of contract, wage and hour class actions, misappropriation of…

Eric B. Sigda is a shareholder in Greenberg Traurig’s Labor & Employment Practice. He represents management in litigating federal and state employment matters including claims involving allegations of discrimination, harassment, whistleblowing, Sarbanes-Oxley retaliation, breach of contract, wage and hour class actions, misappropriation of trade secrets and violations of restrictive covenants. Eric has handled matters in federal and state courts and in arbitration. He has also represented clients before various agencies including the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor, and the New York State Division of Human Rights. He also regularly represents management in disputes with labor unions.

In addition, Eric counsels employers of all sizes on labor and employment matters such as family and medical leave, disability questions, employee handbooks, employee discharge and discipline, diversity and harassment training and contingent workforce issues.

He has wide-ranging experience reviewing, negotiating and preparing employment agreements.

Photo of Jennifer M. Gómez Jennifer M. Gómez

Jennifer M. Gomez represents manufacturers in mass torts and products liability litigation, with an emphasis on medical devices. She also represents clients in a wide range of complex civil litigation matters, including class action defense, in both federal and state court. Her experience

Jennifer M. Gomez represents manufacturers in mass torts and products liability litigation, with an emphasis on medical devices. She also represents clients in a wide range of complex civil litigation matters, including class action defense, in both federal and state court. Her experience includes all aspects of litigation, including development of case strategy, drafting discovery, dispositive, and various pretrial motions, and taking and defending depositions. Additionally, Jennifer manages products liability settlement inventories involving thousands of plaintiffs nationwide, working to meet business objectives in an expedient and cost-effective manner.

Jennifer also advises corporations on compliance and regulatory matters, including governmental investigations. In addition to her litigation practice, Jennifer has served as the New York State Assistant Secretary for Human Services under Governor Andrew M. Cuomo, and as Legislative Counsel at the New York City Council. Jennifer started her career at a major New York law firm before her role with the New York City Council.

Jennifer maintains an active pro bono docket, representing asylum seekers and assault victims. She also serves on the Board of Directors of the Capital Region Youth Tennis Foundation.

Photo of Harold N. Iselin Harold N. Iselin

Harold N. Iselin is the Managing Shareholder of the firm’s Albany office and Co-Chairs the firm’s Government Law and Policy Practice. He focuses his practice on governmental affairs, health care, and insurance matters, representing diverse clients before the New York State executive branch…

Harold N. Iselin is the Managing Shareholder of the firm’s Albany office and Co-Chairs the firm’s Government Law and Policy Practice. He focuses his practice on governmental affairs, health care, and insurance matters, representing diverse clients before the New York State executive branch and state legislature. Additionally, he has represented numerous clients in managed care and insurance transactions, often involving complex regulatory issues.

According to Chambers USA 2019 Guide, sources describe Harold as “phenomenal, extremely knowledgeable and pragmatic.” He was described by sources in the 2018 Guide as “the best healthcare regulatory lawyer going, period,” and being “superbly connected with government agencies.”

Prior to joining the firm, Harold was a trial attorney in the U.S. Department of Justice, following which he became Assistant Counsel to the Governor of New York with responsibility for transportation, education, veteran’s affairs and freedom of information matters.