Wage Parity is a legally required supplemental pay benefit for hourly home care aides employed by a Certified Home Health Agency (CHHA), Long-Term Home Healthcare Program (LTHHCP), Managed Care Organization (MCO), or Fiscal Intermediaries (FI) within New York City, Nassau, Suffolk, or Westchester. According to Public Health Law 3614-c and the most recent amendment to the Home Care Worker Parity Law, such employers must provide a supplemental pay to home care aide employees as described in the table below.
Penalties for Violations
The amendments impose penalties for any CHHAs, LHCSAs, LTHHCPs, MCPs, FIs or other third parties that violate the Wage Parity Law by willfully paying their workers less than the “stipulated minimums regarding wages and supplements.” The penalties are as follows:
- First offense – Fine of $500; imprisonment for not more than 30 days; or both
- Second offense – Fine of $1,000, and the contract on which the violation occurred shall be forfeited, as well as all payments under that contract
Who is eligible for Wage Parity?
Wage Parity benefits are available to all hourly home care aides working for a Certified Home Health Agency (CHHA), Long-Term Home Healthcare Program (LTHHCP), Managed Care Organization (MCO), or Fiscal Intermediaries (FIs) within New York City, Nassau, Suffolk, or Westchester.
What’s the benefit of Wage Parity?
Wage Parity benefits that are paid to participants are tax-free.
Is there a limit to Wage Parity contributions?
Yes. Wage Parity wages are limited to 40 hours per week.
*Federal Labor Standards Act (FSLA)
What services are available so that I may utilize my Wage Parity funds?
Please see our Medical Expense Eligibility List for a comprehensive list of eligible medical expenses.
What if I do not use all of my Wage Parity funds during the plan year?
Unused Wage Parity funds will rollover from year to year. If a participant/employee leaves his/her employer, he/she will keep the funds until they are depleted.