Judge Rules Colorado Home Care Workers Entitled to Overtime

Santa Clara, CA: A federal judge has issued the final ruling on an employment class action lawsuit filed against Bayada by workers who alleged the home health care company failed to pay overtime wages. In her ruling , Judge Christine Arguello found that Colorado' labor laws necessitate that overtime be paid if the worker is employed by a third-party agency.

The lawsuit was originally filed in Plaintiff Michele Kennett and a class of employees in July of 2014, alleging they were not paid overtime when in fact Colorado law necessitated time-and-a-half overtime compensation on all hours worked over 40 per week.

Bayada, based in Colorado, provides workers who deliver in-home health care services to clients with cognitive difficulties, physical disabilities, and/or chronic illnesses. The suit centered on whether home health aides are exempt from overtime protections under the Colorado Department of Labor' Minimum Wage Order as "companion employees."

The case is Kennett v. Bayada Home Health Care. Case 1:14-cv-02005-CMA-MJW

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Published on Feb-3-16