Two trade associations representing nursing homes are suing the state due to a rule blocking a payment requirement. The rule has a block on the requirement of pay to workers on holiday pay, and they argue that this violates federal law because of the pre-empt contracts already existing in Minnesota. The complaint stated, “By mandating ‘holiday pay’ for nursing home workers and purporting to sanction a quasi-collective bargaining process to modify the same, the Proposed Rule is preempted by the National Labor Relations Act, in that it authorizes activity arguably prohibited by the NLRA and regulates conduct that Congress intended to leave unregulated.” In November, the Minnesota Nursing Home Workforce Standards Board proposed to mandate nursing homes to pay their workers time and a half during 11 state holidays. Employees should receive 150% of their usual paycheck with this time and a half payment.
This challenge puts long-term care facilities in a tough position because they need to dip into other funds to fulfill this. A representative of this situation said that this is a problematic case, and providers cannot raise rates to increase wages for these caregivers until the legislature acts in MN. This case brings up many previous similar situations in nursing homes, and the CEO of LeadingAge made a statement on the politics of the problem. “It gives power to a group of individuals appointed by politicians to dictate how nursing homes should run their settings – how much to pay caregivers and what training they need – in a sector already highly regulated by state and federal laws.” There are varying opinions on this case, but it all circles back to the care that must be provided to those in need, especially during the holidays. The nurses and healthcare providers who serve them must be treated fairly and given what they deserve. There will be more to come on the decision, but the healthcare service here remains the critical factor to be considered. I
Do you know of someone who has been neglected or injured at a nursing home facility? Have them contact the lawyers at DLP who have been representing nursing home abuse victims for over forty years. We at DLP Law Firm can protect and serve you against nursing home-related issues. Remember— Injury? Call DLP! (570) C-A-L-L-D-L-P.
Link: https://www.mcknights.com/news/nursing-home-groups-sue-state-over-mandated-holiday-pay/
