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Educare is a large community living corporation that does business in the United States. They are employed for the patients living in the community, sometimes directly, sometimes through Medicare or Medicaid. In that situation, aides — like any other employees in this country — are entitled to overtime pay when they have worked more than 40 hours in a week. Aides in the private setting, possibly living in the home, are paid by a patient directly and not entitled to overtime because they are being given room and board, etc.
In the community, aides are coming and going, working a hour shift and then being replaced by another aide. They are not being paid by the patient, which is the important point under this exemption of the law which says these aides are entitled to overtime.
We have researched many, many schedules and pay records where these aides are scheduled to work a seven-day week. In our case, the people that we represent worked, for example, Tuesday through Monday.
But when we looked at their paychecks, they are not being paid the time-and-a-half rate for the hours worked over That is illegal. For any 7-day week when an employee works over 40 hours, they have to be paid the overtime rate for those hours. At 12 hours a day, three-and-a-half days into the seven days the employee is already over 40 hours and should be getting paid overtime from that moment forward. Educare is paying a couple hours of overtime, and then recalculating as if the clock starts over again on Saturday.