Ian Clarke-Fisher

Ian Clarke-Fisher

Ian Clarke-Fisher focuses on commercial and employment litigation. He works with businesses on every aspect of a dispute, from pre-litigation strategies to taking matters on appeal.  His commercial cases involve complex contractual disputes, along with breach of fiduciary duty, business torts, unfair trade practices, and intellectual property claims. Ian also handles employment related cases and counsels clients on various employment issues, including restrictive covenants, confidentiality agreements, wrongful termination, and wage and hour issues. Ian is a member of the firm’s Business Litigation Group and Labor, Employment, Benefits + Immigration Group.

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New York Court of Appeals Upholds Thirteen-Hour Rule for Home Health Aide Pay

On March 26, 2019, the New York Court of Appeals upheld the state Department of Labor’s (the DOL) so-called “13-hour rule” governing payment of home health care aides who work 24-hour shifts. In a closely-watched decision with significant ramifications for the state’s home health industry,  New York’s highest court reversed two 2017 appellate decisions that had overturned the DOL’s  rule and caused substantial uncertainty for home health providers throughout the state.  In short, the New York Court of Appeals confirmed that New York home health care aides may be paid …

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