Twin Cities home health care workers win unpaid overtime

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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