No Standing to Challenge Narrowed Definition of Companionship Services By ruling that the third-party agencies could not use the domestic services exemption, the court removed the ability of those agencies to use the companionship services definition to exempt home care workers from minimum wage and overtime protections. As a result, the trade associations’ members challenging the new, narrowed definition of companionship services would not be directly harmed by the revised definition. Because they would not suffer any injury from the narrowed definition, the challengers lacked standing to oppose the revision, denying the court of jurisdiction to resolve that issue. Consequently, the court ordered that judgment be entered in favor of the DOL. … [Read more...] about Home Care Workers Entitled to Minimum Wage and Overtime
Elderly home care jobs
At first blush the analysis suggests that elderly blacks, Hispanics, and Asians are gaining greater access to nursing home care. Unfortunately, however, the growing proportion of minorities in nursing homes is resulting partly because they do not have the same access to more desirable forms of care as wealthier whites do, said the study’s lead author Zhanlian Feng. “We know those alternatives are not equally available, accessible, or affordable to everybody, certainly not to many minority elders,” he said. … [Read more...] about Special Considerations for Latinos Seeking Elder Care
Unfortunately, last month the U.S. Supreme Court decision in Harris v. Quinn made it harder for home care workers in Illinois to get decent wages and benefits. Nine out of 10 home care workers are women — about half of them are women of color. An estimated 40 percent are on some form of public assistance. They earn about $20,000 a year, often working far more than 40 hours per week. One woman told us that she left her job as a home health aide to work at a fast food restaurant because it paid better. … [Read more...] about Taking Care of Our Caretakers
“I just think of all the people who don’t have the family support that I have and aren’t blessed with that and it’s really difficult,” he said. “I don’t think the legislature really realizes you can’t make it on that much money.” … [Read more...] about $66 a month for medicine and clothes. Adult care home residents say that’s not enough.
$200,000 SETTLEMENT: Charleston, South Carolina nursing home inadequate care case. This female nursing home resident turned South Carolina plaintiff was ostensibly a victim of deficient service. She suffered from malnutrition, dehydration, and constipation while living at the facility involved in the dispute. In fact, the latter condition got so bad that she sustained an injury to her rectum. She sued the home in court because the incident left her with significant pain as well as a serious amount of medical bills. Her complaint alleged a series of faults on behalf of the defendant facility including a lack of care, employees, and supervision. She sought various forms of legal relief for her tangible and intangible damages. The defendant wholeheartedly disagreed with the bases of the plaintiff’s lawsuit. It countered that it gave her the requisite standard of care; the plaintiff had not been injured to the extent that she claimed; and that it could not answer some of the … [Read more...] about South Carolina Nursing Home Abuse Settlements