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News | Nov 14, 2012

Pennsylvania Court of Common Pleas Issues Order in Favor of Home Health Workers Under Pennsylvania Minimum Wage Act.

The Court of Common Pleas for Dauphin County Pennsylvania recently entered an order finding that Home Health Workers, represented by Winebrake & Santillo, were entitled to overtime premium under the Pennsylvania Minimum Wage Act as a matter of law.  In a case titled Grajales v. Safe Haven Quality Care, LLC , the Court held that the Pennsylvania Supreme Court’s ruling in Bayada Nurses, Inc. v. Commonwealth, 8 A.3d 866 (Pa. 2010) applied retroactively.  The Bayada decision affirmed Home Health Workers entitlement to overtime premium pay for hours worked over 40 in a workweek under the Pennsylvania Minimum Wage Act.  Under the Court’s decision, Home Health Workers in Pennsylvania should be paid overtime both before and after the Bayada decision.

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