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News | Mar 03, 2011

Bayada Revisited

Having represented hundreds of home health aids (HHAs), certified nurses assistants (CNAs), and visiting nurses, our firm is very familiar with the Pennsylvania Supreme Court’s decision in Bayada Nurses, Inc. v. Commonwealth of Pennsylvania, 8 A.3d 866 (Pa. 2010), which upheld the position of the Pennsylvania Department of Labor & Industry that HHAs, CNAs, and other home health workers are entitled to overtime permium pay. In preparing a brief, I recently re-read the opinion, and, in doing so, was struck by the Suprement Court passage recognizing that the FLSA’s overtime provisions are merely a “floor” and that states, such as Pennsylvania and New Jersey may enact more generous wage and overtime laws. In particular, the following passage should will continue to come in handy for Pennsylvania and New Jersey overtime lawyers for many years to come: “While the Act’s exemption for domestic services is more limited than the federal exemption, it is permissible for a state to enact more beneficial wage and hour laws. Indeed, the federal statute establishes only a national floor under which wage protections cannot drop, but more generous protections provided by a state are not precluded.”

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