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Fifteen home health workers camped outside New York City Hall for six days last month.
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The workers refused to eat during their protest and ended the hunger strike after securing a promise that the city council would vote on a bill to end mandatory 24-hour workdays.
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A month later, the city council has not voted on the No More 24 Act.
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Home care workers announced on Friday that they will begin another hunger strike.
Zishun Ning, organizer with the Chinese Staff and Workers Association
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"We are very confident that our movement is getting bigger and there will be more pressure to do the right thing," said Zishun Ning.
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Since 2015, the Ain’t I a Woman?! coalition has been organizing against poor working conditions through hunger strikes, lawsuits and legislation.
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Under current New York labor law, agencies that assign workers to 24-hour live-in shifts are required to pay them for only 13 hours, classifying the remaining 11 hours as designated sleep and meal time.
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The No More 24 Act, introduced in 2022, would require agencies to split overnight home care assignments into two 12-hour shifts and cap a worker’s total weekly hours at 56.
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Agencies that retaliate against workers who refuse 24-hour shifts would face municipal fines.
Christopher Marte, city council member
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"This is the only industry that allows people to work for 24 hours and only get 13 hours of pay. A lot of times it’s 23 days in a row where people have to leave their homes and stay and sleep and eat where they work," said Christopher Marte.
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The Bureau of Labor Statistics projects the home health and personal care sector will add more than 70,000 jobs by 2033.
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In New York, home care is a $13bn industry.
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The workforce consists mainly of immigrants and women of color.
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In New York state, two-thirds of home health care workers are immigrants who rely on these jobs for income and health coverage.
Christopher Marte, city council member
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"Many of these workers have been threatened by their home care agencies that they will lose their jobs," said Christopher Marte.
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Lai Yee Chan, age 71, entered the home care industry after New York’s garment industry collapsed following the September 11 attacks.
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By 2007, Chan’s agency had pushed her into mandatory 24-hour shifts.
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Patients authorized for 24-hour care cannot be left unattended and include those with advanced dementia, severe disabilities or terminal conditions.
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Overnight, aides must turn bed-bound patients every two hours, assist them to the bathroom, administer medications and soothe them when they wake up disoriented.
Lai Yee Chan
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"There was just no time to sleep," said Lai Yee Chan.
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The Chinese-American Planning Council provided health insurance through the union 1199SEIU.
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If Chan worked less than 130 hours a month, her family of five would lose health insurance.
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Chan’s husband gave up his job to care for their three children at home while she worked live-in shifts.
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The median annual wage for home health and personal care aides was $34,900 nationally as of May 2024.
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Workers and advocates in New York started filing wage-theft lawsuits in 2011 claiming they have the right to be paid for 24-hour shifts.
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A Department of Labor rule extending minimum wage and overtime protections to home care workers took effect in 2015.
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Workers say they are pressured to skip legally mandated breaks.
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Workers say some agencies pay flat daily rates regardless of total hours worked.
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Chan received a $200 check from the CPC labeled "overtime" covering roughly 6,000 hours worked between 2007 and 2013.
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Chan began organizing at the offices of the Chinese Staff and Workers’ Association.
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Every Wednesday morning for the past two years, members of the Ain’t I a Woman?! coalition have gathered on the sidewalk outside the CPC building.
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Coalition members accuse the CPC of withholding $90m in wages and want lawmakers to make the pay practice illegal.
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The No More 24 Act has 16 co-sponsors on the city council, 10 short of the 26 needed to pass.
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The Legal Aid Society and the Center for Independence of the Disabled New York oppose the bill, arguing that splitting a 24-hour shift into two 12-hour shifts doubles the number of workers required per household and that the supply of workers is insufficient.
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After the hunger strike last month, the coalition secured a commitment from city council speaker Julie Menin to bring the updated bill to a vote in May.
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Julie Menin’s office denied making an absolute guarantee on the vote date but said the bill had been substantially updated with stakeholder feedback.
council spokesperson
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"We look forward to phasing out the 24-hour workday, an outdated practice that places workers under extreme physical and emotional strain," said a council spokesperson.
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Zohran Mamdani campaigned on ending 24-hour shifts and co-sponsored the No More 24 Act as an assemblyman.
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During a sit-in at city hall, a representative from the mayor’s office conveyed that the mayor needed to consider workers who wanted 24-hour shifts.
Zishun Ning, organizer with the Chinese Staff and Workers Association
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"People felt very angry," said Zishun Ning.
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Caixiong Liu, age 69, spent 18 years in home care and joined the movement in 2022.
Caixiong Liu
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Liu said the work caused her chronic back pain, insomnia and memory loss due to years without uninterrupted sleep.
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The coalition plans to strike again soon.
Caixiong Liu
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"I don’t want the next generation of workers to go through what I did," said Caixiong Liu.
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