Under Colorado law, home care workers must be paid overtime, a federal judge ruled. In Kennett v. Bayada Home Health Care, Judge Christine Arguello found that Colorado’s labor laws necessitate that overtime be paid if the worker is employed by a third-party agency. This ruling is similar to the Federal ruling. The Court of Appeals for the District of Columbia Circuit recently upheld a U.S. Department of Labor (DOL) regulation that makes in-home health care workers employed by third-party businesses eligible to receive overtime pay and minimum wage under the Fair Labor Standards Act. Home care workers employed directly by a family or an individual do not have to be paid overtime. Similar rulings have been made elsewhere in the U.S.
A class of home care who were not paid overtime had sued their employer, Bayada Home Health Care, claiming that Colorado law necessitated time-and-a-half overtime compensation on all hours worked over 40 per week. The case centered on whether home health aides are exempt from overtime protections under the Colorado Department of Labor’s Minimum Wage Order as “companion employees.” The Court concluded that “the only sound interpretation of that exemption requires that the ‘companion’ employee is employed directly by the household or family for which the employee is providing services.”
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