A recently filed class action accuses Colorado-based home health care providers AllStaff Medical Resources, Inc. and AllStaff HomeCare, LLC of failing to pay their caregivers overtime in violation of state and federal labor laws.
According to the lawsuit, current and former hourly employees in the following positions routinely worked more than 40 hours each week, but were not compensated for those additional hours at 150% of their base rates:
- Certified Home Health Aide
- Certified or Registered Nursing Assistant
- Companion Caregiver
- Direct Care Worker
- Direct Support Worker
- Home Health Aide
- Nursing Assistant
- Personal Care Assistant or Provider
- Respite Worker
The federal Fair Labor Standards Act (FLSA) ensures that workers in traditional and non-traditional work settings are treated fairly, including payment of a statutory minimum wage and mandatory overtime pay for non-exempt workers. In 1974, Congress extended FLSA coverage to
“domestic service employees” but excluded employees providing “companionship services for individuals who (because of age or infirmity) are unable to care for themselves.” In 2015, the U.S. Department of Labor redefined companionship services to exclude home health care “performed by trained personnel, such as a registered or practical nurse.”
As a result, home health care workers – including those bringing suit against AllStaff – are not considered exempt from overtime pay and entitled to compensation at one-and-one-half-times their hourly wage.
Unfortunately, nurses, aides, and other health care providers are often victims of wage abuse, such as when employers fail to compensate them for “off the clock” work, misclassify them as exempt employees, or unlawfully withhold wages and overtime.
The attorneys in Sommers Schwartz Employment Litigation Group represent the class of home health workers seeking damages from AllStaff and are interviewing similarly situated employees whom the company denied overtime pay. If you worked for AllStaff in any of the positions listed above during the last three years, please contact us today!