DENVER — In a matter of first impression, a Federal Judge for the District of Colorado found that Home Health Aides (“HHAs”) employed by an employer or agency other than the family or household using their services are not exempt from overtime wages under Colorado law. Specifically, the court examined the language of Colorado’s Minimum Wage Order Number 31 and concluded that “the only grammatically sound reading of the statue,” requires employers to pay its HHAs overtime.
In her landmark decision, Judge Christine M. Arguello specifically rejected Colorado’s Department of Labor’s previous interpretation of the statute where the department found the law mirrored the HHA exemption under the Fair Labor Standards Act. This means that any Colorado HHA not employed directly by a family or household is entitled to overtime pay when they work more than 40 hours in a week.
For the complete opinion see: Michele Kennett VS Bayada Home Health Care, Inc.
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