Twin Cities home health care workers win unpaid overtime

Mark Gruenberg

Mark Gruenberg Editor, Press Associates Union News

It took almost five years to wend its way through state agencies and courts, but home health care workers who toil for the Twin Cities-based Baywood Home Care agency will share $350,000 from the firm for unpaid overtime.

The win came from the Minnesota Supreme Court on Sept. 18, in a case brought on the workers’ behalf by the state Department of Labor, the St. Paul Union Advocate reported.

The department investigated a complaint, filed in 2014, that the agency was violating the state Fair Labor Standards Act, which  mandates time-and-a-half pay for all hours worked over 48 per week.

The federal FLSA mandates overtime pay for all hours worked over 40 per week, but it doesn’t cover home health care workers. Minnesota’s does. Responding to evidence presented by the Service Employees, the Obama-era federal Labor Department brought home health care workers nationwide under the federal FLSA, for one year, until home health care interests got federal courts to toss that rule out.

Baywood broke the state law, the state agency told the state court, by working its employees for 24 hours at a time, but not every day. They were paid set daily rates regardless of how long they worked each week.

The state court said the daily rates are no substitute for overtime pay. When the home health care workers toiled more than 48 hours a week each, the workers were entitled to time-and-half pay “regardless of how the worker was compensated” before hitting that weekly limit.

Not paying the workers overtime is a form of wage theft, which costs Minnesota workers alone $22 million statewide every year, estimates show.

“All Minnesotans deserve to be paid every dollar they are owed for the work they perform,” state Labor Commissioner Nancy Leppink said in a statement after the court’s decision. The court also ordered the firm to pay the state agency $350,000 in damages.

“Too many workers are not being paid their full wages. With this decision, these employees are now one step closer to being correctly compensated for their work and for the harm they experienced,” she added.

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Posted In: Allied Approaches

Union Matters

Steel for Wind Power

From the USW

From tumbledown bridges to decrepit roads and failing water systems, crumbling infrastructure undermines America’s safety and prosperity. In coming weeks, Union Matters will delve into this neglect and the urgent need for a rebuilding campaign that creates jobs, fuels economic growth and revitalizes communities. 

Siemens Gamesa last month laid off 130 workers at its turbine blade manufacturing plant in Iowa, just months after GE Renewable Energy decided to close an Arkansas factory and eliminate 470 jobs.

The companies reported shrinking demand for their products, even though U.S. consumption of wind energy increases every year.

America’s prosperity depends not only on harnessing this crucial energy source but also ensuring that highly skilled U.S. workers build the components with the cleanest technology available.

Right now, the nation relies on imported steel and turbine components from foreign manufacturers like China while America’s own steel industry—well equipped for this production—struggles because of dumping and other unfair trade practices.

Steel makes up the bulk of turbine hubs and the wind towers themselves. It’s also used to make the cranes and platforms necessary for installing the towers.

Yet the potential boon to America’s steel industry is just one reason to ramp up domestic production of wind energy infrastructure.

American steel production ranks among the cleanest in the world, while China has the highest carbon emissions of any steelmaking nation and flouts environmental regulations.

The nation’s highly-skilled steelmaking workforce must play an essential role in the deeply-needed revitalization and modernization of the nation’s failing infrastructure. Producing the components for harnessing wind energy domestically and cleanly is an important step that will put Americans to work and position the United States to be world leaders in this growing industry.

 

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There is Dignity in All Work

There is Dignity in All Work