§ 3614-f. Home care minimum wage increase. 1. Definitions. For the\npurpose of this section:\n (a) "Home care aide" shall have the same meaning as defined in section\nthirty-six hundred fourteen-c of this article.\n (b) "Home care worker wage adjustment" shall mean a supplemental\namount of wages equal to the rate of change in the average of the three\nmost recent consecutive twelve month periods between the first of August\nand the thirty-first of July, each over their preceding twelve month\nperiods published by the United States department of labor\nnon-seasonally adjusted consumer price index for northeast region urban\nwage earners and clerical workers (CPI-W) or any successor index as\ncalculated by the United States department of labor.\n (c) "Downstate" shall mean all counties within New York city and the\ncounties of Nassau, Suffolk and Westchester.\n (d) "Remainder of state" shall mean all counties in the state of New\nYork other than the counties in downstate.\n 2. (a) Beginning October first, two thousand twenty-two, in addition\nto the otherwise applicable minimum wage under section six hundred\nfifty-two of the labor law, or any otherwise applicable wage rule or\norder under article nineteen of the labor law, the minimum wage for a\nhome care aide shall be increased by an amount of two dollars and zero\ncents.\n (b) for the period January first, two thousand twenty-four through\nDecember thirty-first, two thousand twenty-four, the minimum wage for a\nhome care aide shall be as follows:\n (i) for each hour worked in downstate, eighteen dollars and fifty-five\ncents; and\n (ii) for each hour worked in remainder of state, seventeen dollars and\nfifty-five cents;\n (c) for the period January first, two thousand twenty-five through\nDecember thirty-first, two thousand twenty-five, the minimum wage for a\nhome care aide shall be as follows:\n (i) for each hour worked in downstate, nineteen dollars and ten cents;\nand\n (ii) for each hour worked in remainder of state, eighteen dollars and\nten cents;\n (d) for the period January first, two thousand twenty-six through\nDecember thirty-first, two thousand twenty-six, the minimum wage for a\nhome care aide shall be as follows:\n (i) for each hour worked in downstate, nineteen dollars and sixty-five\ncents; and\n (ii) for each hour worked in remainder of state, eighteen dollars and\nsixty-five cents;\n (e) beginning January first, two thousand twenty-seven, and each\nJanuary first thereafter, the minimum wage for a home care aide shall be\nthe sum of the minimum wage for a home care aide from the prior calendar\nyear and the home care worker wage adjustment.\n (f) (i) Notwithstanding any provision of law to the contrary, in no\nevent shall the minimum wage for a home care aide in downstate exceed\nthe sum of the wage set by the commissioner of labor pursuant to\nparagraph (a) of subdivision one-b of section six hundred fifty-two of\nthe labor law plus three dollars and zero cents.\n (ii) Notwithstanding any provision of law to the contrary, in no event\nshall the minimum wage for a home care aide in remainder of state exceed\nthe sum of the wage set by the commissioner of labor pursuant to\nparagraph (b) of subdivision one-b of section six hundred fifty-two of\nthe labor law plus three dollars and zero cents.\n 3. Where any home care aide is paid less than required by subdivision\ntwo of this section, the home care aide, or the commissioner of labor\nacting on behalf of the home care aide, may bring a civil action under\narticle six or nineteen of the labor law; provided that this shall not\npreclude the commissioner of labor from taking direct administrative\nenforcement action under article six of the labor law.\n 4. (a) The department is authorized to address, to any provider of\nmedical assistance program items and services that is an employer of\nhome care aides, or officers thereof, any inquiry in relation to its\ncontracts, employment or other rela
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