Colorado Home Care Workers Must Get Overtime

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.”

For more information on Time and Attendance and integrated Advanced Scheduling solutions, contact MITC today.

Lawsuit on Home Care Wages To Proceed

A lawsuit alleging that home care aides weren’t appropriately paid can move forward, a New York judge ruled this week.

The class action lawsuit claims that temporary home care aides were paid $137 per 24-hour shift. Justice Carol Emeade said the state’s Wage Parity Act calls for $10 per hour for each hour of a 24-hour shift, plus overtime if a home health care aide doesn’t live at the patient’s home.

The case, along with two others currently under consideration at the appellate level, could determine pay rates for “many tens of thousands” of home health aides in the New York City area, Michael Taubenfeld, an attorney for the plaintiffs, told the New York Law Journal.

The lawsuit comes as wage and overtime protections for home care workers are a major issue throughout the USA. The U.S. Court of Appeals ruled recently that the Department of Labor has the authority to extend such benefits to nearly two million home care workers.

MITC Upgrades HR Solutions with MyTraining

Introducing MyTraining: Helping Agencies Automate the Training Class Enrollment Process

We are pleased to announce a new product to allow employees to register for training classes over the Internet. MyTraining is the latest addition to myMITC Mobile.

MyTraining is designed to help agencies:

  • Track Training Class Requirements
  • Communicate Training Class Offerings to Staff and Managers
  • Automate Training Class Enrollment
  • Comply with Training Requirements

More information to follow.