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Set rate for 24 hour shift works out to less than minimum wage... Connecticut

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  • #1

    Set rate for 24 hour shift works out to less than minimum wage... Connecticut

    Hi there! My mother just started working for a new home health agency. They haven't been in business for too long. They hired her on for a few 24 hour shifts per week and told her it would be $140 per 24 hour period. They also told her it was $11/hr. I don't believe she had either of those things in writing and her paystubs don't show her pay rate (she is a W-2 employee, not a private or subcontractor, as far as I am aware.)

    Anyway, I looked up the laws regarding whether or not she's getting paid for time sleeping and discovered that she would not be paid for the time considered sleeping unless she were to get less than five total hours of sleep.

    But what concerns me is that even though she may not be getting paid for 8 of the 24 hours she's there, which is legally accepted, she's still "on the clock" for 16 of those hours and only getting $140 total for all of the hours.

    If they're paying her $140 for the entire shift and that shift constitutes 16 working hours, it only adds up to $8.75 per hour. Minimum wage is $9.15, and the owner of the company quoted her $11.00...

    My question is, are they allowed to pay less than minimum wage?

    I'm just looking for any relevant information. It's very much appreciated!

    - Josh
    Last edited by ultranothing; 04-27-2015, 07:54 AM.
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  • #2
    Under federal law, your mother may fall under the home health care exemption. http://www.dol.gov/whd/regs/complian...sFinalRule.htm Also, is your mother only sleeping or off duty for 8 hours? If she has even another hour off sometime during her shift, she is still receiving at least MW.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Originally posted by ElleMD View Post
      Under federal law, your mother may fall under the home health care exemption. http://www.dol.gov/whd/regs/complian...sFinalRule.htm Also, is your mother only sleeping or off duty for 8 hours? If she has even another hour off sometime during her shift, she is still receiving at least MW.
      She is only sleeping for eight hours. She is the only worker at the home and if she is needed during the night she goes "on duty."

      I've read the provisions in the link you provided and though it may answer my question, I can't seem to find the answer within that page. That's probably my fault
      Last edited by ultranothing; 04-27-2015, 10:19 AM.

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