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  #11  
Old 09-10-2015, 03:21 PM
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Originally Posted by icenine View Post
Home heath care employees receive very low pay and suffer many abuses.
Which is idiotic, considering the job they are hired to do. Who wants an underpaid, unhappy person taking care of their loved ones?
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  #12  
Old 09-10-2015, 03:25 PM
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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.

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D-Ray
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  #13  
Old 09-10-2015, 03:33 PM
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Originally Posted by catswiththum View Post
Which is idiotic, considering the job they are hired to do. Who wants an underpaid, unhappy person taking care of their loved ones?
Employees who are chiseled-upon, find ways to chisel in turn.

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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Old 09-10-2015, 03:44 PM
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Quote:
Originally Posted by catswiththum View Post
Which is idiotic, considering the job they are hired to do. Who wants an underpaid, unhappy person taking care of their loved ones?
If you are voting Republican it is what you wanted, right?
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Old 09-10-2015, 03:50 PM
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If you are voting Republican it is what you wanted, right?
Ha! I don't leave it up to the politicians. When my Mom was dying of cancer, we fixed up the house so she could get around and all of us stayed with her around the clock most of the time. When we couldn't be there, the hospice staff we had come in were awesome - we paid them 35.00/hr. (we hired them ourselves) and they were more than worth it.

Last thing I wanted was someone disgruntled and pissed off in the house with my dying mother.
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  #16  
Old 09-10-2015, 03:55 PM
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Originally Posted by catswiththum View Post
Ha! I don't leave it up to the politicians. When my Mom was dying of cancer, we fixed up the house so she could get around and all of us stayed with her around the clock most of the time. When we couldn't be there, the hospice staff we had come in were awesome - we paid them 35.00/hr. (we hired them ourselves) and they were more than worth it.

Last thing I wanted was someone disgruntled and pissed off in the house with my dying mother.
South Carolina is a red state, and it does not matter what you did with your mother. Republicans will not pass minimum wage bills and are anti-labor. As for you paying someone $35 an hour out of your own pocket I think you are full of it. That is an RN salary. I don't think you are the type to fork over that much even if you had it. Maybe Medicare/Medicaid or insurance paid for her.

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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  #17  
Old 09-10-2015, 04:01 PM
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Quote:
Originally Posted by icenine View Post
South Carolina is a red state, and it does not matter what you did with your mother. Republicans will not pass minimum wage bills and are anti-labor. As for you paying someone $35 an hour out of your own pocket I think you are full of it. That is an RN salary. I don't think you are the type to fork over that much even if you had it. Maybe Medicare/Medicaid or insurance paid for her.

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.
You have serious issues - and my mother mattered to me. You could use an education in polite conversation.

Believe what you like, but try to keep a civil tongue in your head.

And that was more than RN pay in 2000.
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Last edited by catswiththum; 09-10-2015 at 04:04 PM.
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  #18  
Old 09-10-2015, 04:07 PM
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Ok at how many hours did you pay $35 for?
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  #19  
Old 09-10-2015, 04:10 PM
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We're all done. Congrats, you're the only person I'm ignoring.
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  #20  
Old 09-10-2015, 04:22 PM
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We're all done. Congrats, you're the only person I'm ignoring.
My apologies. I can see where it might look like I questioned your love or care taken for your mother.
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