Dear David: Underpaid for Overtime

Question:

Hi, David. I work for a home health care franchise that enables seniors to continue living at home. I’ve been told that since my employers have a “temporary part-time” tax status, they do not have to pay overtime. I work 12 hours daily at least five days a week. Sometimes we have to pick up shifts when other staff “no-show, no-call.” We work in two-week pay periods 120-140 hours and do not get any overtime. We only make $9 per hour. I eagerly await your instructions concerning this matter. Thanks in advance.

— Underpaid for Overtime, Ohio

 

Answer:

Caring for seniors is important work, but it can also be challenging—especially when you’re at it for 12 hours a day! That sounds truly exhausting, and I’m sure it’s especially frustrating when you feel like you’re not getting paid what you deserve.

As I’m sure you know, $9 an hour isn’t a ton of money. It’s more than minimum wage, but if minimum wage had kept up with the cost of living over the past 40 years, it would be $10.52. You’re doing important work, and $9 an hour is tough to support yourself—or your family—on.

It’s not just the pay scale that’s tough to stomach here. You shouldn’t have to rely on working 60-70 hours per week because your employer doesn’t pay you enough, and you really shouldn’t be forced into working 60-70 hours because your employer is apparently unwilling to staff up properly. You’re right to question the status quo.

I’m not really sure what your employer means by “temporary part-time tax status” and how it would affect overtime. It might be good just to note that, although there are several types of exemptions, the Fair Labor Standards Act overtime requirement applies to most workers, and you’ll probably want to look a little deeper into whether you are covered rather than just taking the employer’s word for it. (If you think you need professional legal advice on this question, one of the benefits of being a member of Working America is access to a free 30-minute consultation with an attorney. You can learn more here.)

Let’s take another approach to this, though. Let’s say that your employer does have some kind of exemption to overtime. That doesn’t mean you have to take it or leave it—you could take a page from other home care workers in a similar situation. I’m sure you’re not alone in being fed up, so one of your options is to get together with your co-workers and strategize ways you can get your employer to meet your interests. If enough of you share the same concerns and are fed up with low pay, long hours, short staffing or anything else—it may be time to get organized. You’ll have a lot more strength acting together than individually. You can start here: use FixMyJob.com to diagnose the problem and OrganizeWith.Us to make a plan.

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