DC Homecare Workers
Homecare Workers Are Owed Pay from D.C. Home Health Agencies
We have learned through our work with SEIU Local 1199 that many, if not all, of the District of Columbia Home Health Agencies providing home health services to Medicaid recipients in the District of Columbia are violating the rights of their workers to mandatory pay required under the law. Most home health aides and homecare workers have not received the mandatory D.C. living wage (currently $13.60 per hour), have not been paid on a timely basis, are not provided with paid sick leave, and are not properly paid overtime compensation under federal and District of Columbia law, among other violations.
The District of Columbia requires its government contractors to pay a “living wage” to its employees. D.C. Code § 2-220.03(a). In 2014, the District’s living wage is $13.60; the living wage was $13.40 in 2013, $12.50 in 2012, and $11.75 in 2011. 7 DCMR 1002. Home health aides who provide services through a home care agency are among the types of employees entitled to be paid a living wage. A failure to pay home health aides a living wage, as well as a failure to timely pay home health aids, is a violation of the District's Wage Payment and Collection Law ("WPCL").
Under the WPCL, home health aide employees are entitled to bring an action for unpaid wages and liquidated damages “for and on behalf of all employees similarly situated.” D.C. Code § 32-1308(a). If the claim is successful, employees are entitled to recover the unpaid wages plus an additional amount as liquidated damages and penalties, as well as, at the court’s discretion, costs and fees and reasonable attorney’s fees. D.C. Code § 32-1308(b).
We are in the process of organizing home health aides who have not been properly paid by their employers to join in a lawsuit. Click here for SEIU Local 1199’s newsletter, which includes information about this lawsuit.
If you have worked for a D.C. Home Health Agency providing Medicaid services at any time from 2011 to the present, please contact us to learn more about your rights and, if you qualify and wish to do so, to join the lawsuit. You may either call us at 1-866-883-8860 or email us by clicking here.