A Colorado federal District Court recently ruled that home health aides employed by Bayada Health Care, Inc. are entitled to overtime pay. Click here to read the Court’s Order. Bayada was only paying its Colorado home health aides, most of whom were CNAs, their regular hourly wage or “straight time rate” for any hours worked over 40 in a week.
The Court rejected Bayada’s argument that a “companionship exemption” under Colorado overtime law did not require it to pay overtime compensation to home health aides. Because the home health aides were employed by Bayada, and not by “households or family members,” Bayada was required to pay full one and one-half times the regular pay rate to its home health aides. The services provided by Bayada include in-home nursing, rehabilitative, therapeutic, hospice, and other assistive services to clients with cognitive difficulties, physical disabilities, and chronic illnesses.