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The wage and hour regulations to require pay from job to job. The problem with home health workers is often that they work for a very small agency, and the dollar volume does not bring them within the coverage of the Fair Labor Standards Act. If the employer is covered by the FLSA, there are anti-retaliation provisions within the statute. The problem there is that the remedies are extremely limited: no punitive damages except for possible liquidated damages, which amount only to twice backpay. If an employee is making 10 buck per hour, the backpay will be a small amount anyway.
There are attorney fee provisions in enforcement actions, and there are some attorneys who specialize in undertaking class actions challenging payroll practices. That would presume that the folks working for this agency have any interest in joining in a collective action. I would assume that there are attorneys in the NY area who have that type of practice. The local Wage and Hour Division of the DOL would possibly have some contact information. And there is always the independent contractor scam. The attorneys who handle FLSA class actions are well-equipped to respond to that fiction. Regards, D-Ray |
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This issue paper thing I found is on-point: https://www.littler.com/files/press/...0Employers.pdf See pages 14-15 for a discussion of travel time, and 15-17 for discussion of the independent contractor stuff. Getting portal-to-portal time may be tough, but the time from worksite A to worksite B absolutely must be paid. There's a discussion of gearing-up and the 'continuous workday rule.' I'd say if the on-call employees are expected to change from off-duty clothes to required uniforms or scrubbs before going out, a case can be made that their workday begins when they suit-up. And if they are expected to wait around dressed for work and available for immediate dispatch, there might be a case that their 'waiting time' is compensible. |
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Last thing I wanted was someone disgruntled and pissed off in the house with my dying mother. |
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Plus many patients are not hospice patients but long-term care patients and probably cannot afford insurance plans that would cover full time-employment of a critical care nurse. There is difference between hospice and what the OP is talking about. |
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Believe what you like, but try to keep a civil tongue in your head. And that was more than RN pay in 2000. |
Ok at how many hours did you pay $35 for?
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We're all done. Congrats, you're the only person I'm ignoring.
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