Independent Contractors

Homecare and Personal Support Worker overtime contract language

Following is the contract language negotiated by our homecare worker bargaining team with the State in 2016. The language was negotiated in a special bargaining session to meet new federal regulations that extended overtime protections to homecare and personal support workers. Click here to download a pdf version of this contract language.

1 Letter of Agreement: FLSA Implementation

2

3 SECTION – WORK WEEK.

4 The regular work week shall consist of a forty (40) hour work week. The work week shall be

5 defined as 12:00am Sunday through 11:59pm Saturday.

6 SECTION – OVERTIME.

7 Retroactive to January 1, 2016 HCWs/PSWs shall be paid at a rate of time and a half (1 ½ ) of

8 her/his hourly wage rate for all hours authorized and paid in excess of forty (40) hours per week.

9 For workers with multiple hourly rates, overtime shall be paid at a rate of time and a half (1 ½) of

10 their weighted hourly average wage.

11 Overtime payments will be processed no later than thirty-six (36) days after a HCW/PSW has

12 properly submitted their voucher and/or timesheet.

13 All retroactive overtime payments back to January 1, 2016 will be issued no later than

14 September 30, 2016.

15 SECTION – NEW HOMECARE AND PERSONAL SUPPORT WORKERS’ HOURS

16 LIMITATION.

17 HCWs/PSWs newly authorized to work on or after June 1, 2016, shall have an hours limitation

18 where hours worked shall not exceed forty (40) hours per week beginning September 1, 2016.

19 Consumer/Employers may be granted exceptions to this hour’s limitation for HCWs/PSWs by

20 DHS/OHA, or designee, due to workforce shortages or to meet other service needs of the

21 consumer. Irrespective of the above language, a HCW/PSW may not work more hours than

22 they are authorized, except in emergency situations to meet the needs of the Consumer as

23 outlined in Article 14 (a).

1

2

3 SECTION – CURRENT HOMECARE AND PERSONAL SUPPORT WORKERS’ HOURS

4 LIMITATION.

5 HCWs/PSWs authorized to work before June 1, 2016 shall have an hour’s limitation as defined

6 below. Consumer/Employers may be granted exceptions to the below hour’s limitations for

7 HCWs/PSWs by DHS/OHA, or designee. The worker’s average paid weekly hours in the

8 months of March, April and May shall be used to determine subsections (a-c).

9 a) All HCWs/PSWs working more than 50 hours per week, will have a 50 hour cap

10 applied when the first consumer’s reassessment or renewal occurs between

11 September 1, 2016 and no later than June 30, 2017. This section shall apply

12 irrespective of starting with a new Consumer/Employer.

13 b) HCWs/PSWs working less than fifty (50) hours, but more than forty (40) hours,

14 per week shall be limited to no more than fifty (50) hours per week. This section

15 shall apply irrespective of starting with a new Consumer/Employer.

16 c) HCWs/PSWs working less than forty (40) hours, per week shall be capped at

17 forty (40) hours per week.

18 d) Live-in workers moved to the hourly program shall be limited to no more than fifty

19 (50) hours per week.

20 e) Irrespective of the above language, a HCW/PSW may not work more hours than

21 authorized, except in emergency situations to meet the needs of the Consumer

22 as outlined in Article 14 (a).

23 f) All hours worked include hourly, travel time, live-in and relief care hours.

24

1

2 Stipend for Required Training

3 If a worker is required to attend a training, by DHS/OHA, and based on the Consumer’s care

4 plan, including but not limited to the Oregon Intervention System (OIS) training, the worker shall

5 receive the OHCC training hourly stipend.

6

7 SECTION – RELIEF CARE

8 a.) Payment to a Relief Worker providing hourly respite shall continue to be paid at the

9 worker’s applicable hourly rate.

10 b.) Effective September 1, 2016, all relief care hours provided in a 24 hour block will be paid

11 at eleven (11) dollars per hour. Relief care providers will be paid at least sixteen (16)

12 hours per day and may receive up to three (3) hours per twenty-four (24) hour period for

13 direct care provided during the consumer’s normal sleep schedule. Relief Providers may

14 be paid for more than nineteen (19) hours a day only in emergency situations. Providers

15 will be paid in fifteen (15) minute increments for services provided during the

16 Consumer/Employer’s normal sleep hours.

17

Comments Off on Homecare and Personal Support Worker overtime contract language

Homecare workers reach overtime agreement with state

Since the federal Department of Labor ruled that homecare workers are covered by overtime laws, our bargaining team has been been negotiating with DHS for an implementation that is fair to workers, without putting services to our consumers at risk. We are excited to announce that after seven months of bargaining, we have reached an agreement with the State.

From the beginning, the State proposed to cap hours for homecare providers at 40 hours a week. Because there was a limited amount of money to pay overtime without putting services at risk, our team’s priority was to minimize the impact any hours cap would have on current providers who work more than 40 hours a week. Over the past seven months, thousands of us—workers and consumers alike—have joined together in union to demand that the State bargain a more fair and responsible hours cap.

The good news: our collective action worked! We made significant progress from the State’s original proposal for a 40 hour a week cap and no overtime pay until September. Because of our collective action, workers will receive overtime pay retroactive to January 1, 2016- which means over 32 million dollars going into homecare workers’ pockets!

Settlement Details
Effective Date of Overtime
  • Overtime will be paid retroactive to January 1, 2016 for any hours paid above 40 in a week. This is a huge win, especially since the State originally proposed delaying overtime until September.
  • The retroactive payments will be paid to workers no later than September 30, 2016.
  • These retro payments equal more than 32 million dollars going into workers’ pockets!
Hours limitation for workers currently working more than 40 hours a week (based on average number of hours paid in March, April and May)
  • A 50 hour per week hours limitation starting September 1, 2016. This is a big improvement over the State’s initial proposal of a 40/hr a week cap.
  • The 50 hour limitation will be implemented on a rolling basis (won’t be implemented until the first Consumer’s assessment after 9/1/16).
  • We secured language that allows Consumers to request an exception to this 50 hour limitation.
  • We pushed for and won language that workers in this group can continue to work up to 50 hours a week even if they start with a new Consumer.
  • Hourly, live-in, travel time and relief care hours all count towards the cap.
Hours limitation for: -Workers currently working less than 40 hours a week and -New workers as of June 1, 2016
  • There will be a 40/hour per week cap for:
    • workers currently working less than 40 hours in a week.
    • And any new workers as of June 1
  • Knowing there would need to be flexibility with this new policy, we secured language that allows Consumers to request an exception to this 40-hour per week cap due to workforce shortages or specific needs of a Consumer.
  • Hourly, live-in, travel time and relief care hours all count towards the cap.
24-hour Relief Care
  • We agreed to change the way payment for 24-hour relief care works. Instead of a $175 block payment, 24-hour relief care will be paid at $11/hr for a minimum of 16 hours a day. Workers will also be paid for any sleeptime services provided.  Hourly relief will not change and will continue to be paid at the workers applicable hourly rate.
Other Important Language
  • If a worker has multiple wage rates, overtime will be calculated at 1.5 times the worker’s weighted average rate.
  • Future overtime payments (earned after 9/1/16) will be paid one month in arrears. For instance, overtime earned in the 9/1/16-9/1/15/16 pay period will be issued during the mid-October payroll run (and the 9/16-9/30 overtime will be paid during the early Nov payroll run).
  • Hours worked for multiple Consumers and in multiple programs will all count towards calculating overtime.
  • If a worker is required to attend a training by DHS/OHA due to a Consumer’s care plan (like OIS training) they will now receive the OHCC training hourly stipend.
  • Workers should not work more hours than they are authorized unless in emergency situations to meet the needs of the Consumer. If a worker provides services outside of authorized hours, they must notify the Consumer’s case manager/personal agent within two business days.
  • For the purposes of calculating overtime the workweek will be considered 12:00am Sunday through 11:59pm Saturday.

 

Comments Off on Homecare workers reach overtime agreement with state

Homecare Hours Cap Bargaining Update

Our member-elected bargaining team met with the State last Thursday to continue pushing for a fair settlement. We have been fighting for the last six months for a path forward that is the most fair to workers, without putting the overall DHS budget and services at risk.

The good news is that by coming together, and collectively pushing back, we saw significant improvements in the State’s proposals last week. Click here for a side-by-side comparison of the State’s and our Union’s latest proposals.

Before we met with State last week they were proposing:

  • a 45-hour per week cap for all hourly workers, which would result in significant pay cuts for thousands of workers.
  • Delaying any overtime pay until September, but still capping hours retroactive to April. This proposal would have resulted in workers having a reduced number of hours for five months before getting any overtime pay.

Click here for a side-by-side comparison of the State’s and our Union’s latest proposals.

Together, thousands of us have been putting pressure on the State to settle a fair and responsible hours cap by signing a unity petition, sharing our stories and participating in a delegation to DHS Central Office Management. And throughout last week workers and consumers called APD Director Ashley Carson-Cottingham and ODDS Director Lilia Teninty to send the message that a 45-hour per week cap for current workers wasn’t good enough.

Our priority throughout this process has been to mitigate the impact of any hours cap on current Consumers and workers. We have made significant progress from the State’s original proposal for a 40 hour a week cap and no overtime pay until September. Our next bargaining session is scheduled for June 24th where we are going to make one final push for a fair settlement. Stay tuned for more details on how you can help.

Union’s Proposal as of 6/9 State’s Proposal as of 6/9
Effective Date of Overtime Retroactive to January 1, 2016 Retroactive to January 1, 2016. This is big movement from their last proposal of September 1.
Hours cap for workers currently working more than 40 hours a week for a single consumer Common language that the State’s 50/hr per Consumer policy that has been moving since last Fall is not enforced until the Consumer’s next assessment and that folks are allowed up to 50 hours per week; also allows for exceptions Common language that the  State’s 50/hr per Consumer policy that has been moving since last Fall is not enforced until the Consumer’s next assessment and that folks are allowed up to 50 hours per week; also allows for exceptions
Hours cap for workers currently working more than 40 hours a week for multiple consumers Proposed a 60 hour cap starting in September 50 hour cap starting in September.
Hours cap for workers currently working less than 40 hours a week Language that allows for exceptions to a 40-hour per week cap for new workers and workers currently working less than 40 hours a week. Language that allows for exceptions to a 40-hour per week cap for new workers and workers currently working less than 40 hours a week.

 

Comments Off on Homecare Hours Cap Bargaining Update

2016 Homecare Trust Updates

Exciting changes are underway for the 2016 medical insurance plan year! Here are some of the highlights; please visit www.orhomecaretrust.org/overview/ for more information!

  • Exchange Plan Choice Stays the Same. Trust-eligible participants who qualify for benefits through the Exchanges will continue to have the following Trust approved plan options for Oregon:
    • Participants who reside within the Kaiser service area can choose from either the Kaiser Permanente $1500 Deductible Silver plan or the Oregon Health Co-op $3500 Deductible Simple Silver HSA Broad plan.
    • Participants who reside outside of the Kaiser service area can choose from either the MODA $1550 Deductible Be Prepared Silver plan or the Oregon Health Co-op $3500 Deductible Simple Silver HSA Broad plan.
  • Deductibles, Copayments and Coinsurance. For 2016, the Benefit Convenience Card will continue to be funded with $3,000 per calendar year for Trust-approved plans and Medicare plan eligible expenses incurred in 2016.
  • Medicare Supplemental, Advantage or Drug Plan premiums. For 2016 maximum monthly premium reimbursement amount for Medicare Supplemental, Advantage, or Drug Plan is maintaining a benefit level of up to $41. You will need to resubmit your reimbursement materials to the Trust Administrative Office to continue to receive this benefit in 2016.
  • Medicare Part B premiums. Beginning January 1, 2016, you will not have to resubmit for your Medicare Part B premiums to continue that benefit unless you lose eligibility for the benefit and regain eligibility in a different plan year.
  • Vision Benefits.  In partnership with Ameritas, the vision materials benefit is increasing from $250 every two years to $450 every two years beginning January 1, 2016. There will also be an additional hearing materials benefit and Lasik benefit beginning January 1, 2016.

If you are currently insured through the Marketplace you will want to report your income increase for January 2016! You need to schedule a phone appointment to renew your coverage by December 15, 2015. If you are currently uninsured, you can also schedule an appointment to enroll into medical insurance. There are three ways to schedule your appointment:

  • Online. Visit www.seiu503.org/scheduler (preferred)
  • By email. Email us at acahotline@seiuoregon.org immediately with your best phone number, preferred language and best times of day to reach you!
  • By phone. Contact your Healthcare Enrollment Team at 1-855-437-2694. Because your Healthcare Enrollment Team is currently experiencing a high volume of calls, you will need to leave one message with your name, best phone number, preferred language and wait for a return call.
To be able to complete your appointment, you must review, sign and return the HIPAA Authorization Form and Statement of Understanding.  Fax your HIPAA Authorization Form and Statement of Understanding with a cover sheet containing your name, best phone number and Attn: ACA Healthcare Team to 503-420-8665. You can find these forms, as well as other materials to assist you with your appointment online at https://www.orhomecaretrust.org/2016-enrollment-materials/.

* All benefits listed are only provided to Trust eligible Participants as long as they are eligible. If you have questions as to whether or not you are eligible for these benefits, please contact your Trust office at 1-844-507-7554 Option 3, then Option 2 or via email at OHCWT@bsitpa.com. To learn more about what benefits you may be eligible for, please visit https://orhomecaretrust.org.

Comments Off on 2016 Homecare Trust Updates

Care Providers: Looking for Info on Our Tentative Agreement with the State?

HCWvictoryOur SEIU Homecare Bargaining Team has reached an exciting tentative agreement with the State that increases wages and benefits, advocates for quality consumer services, and strengthens Oregon’s homecare system. We are proud of the work our members have done to make improvements for both workers and our consumers.

We couldn’t have done this without homecare providers standing strong together in our union. Providers made this possible by being members of our union, volunteering, writing emails, going to the State Capitol and advocating for Oregon families.

Members will be voting to approve this agreement over the next month. Our union will be calling you soon to talk through these details and how we as members can vote to implement our contract victories. Make sure to pick up the phone and talk through how we make this happen.

To read more about the Contract Settlement Details, click on your category:

For An Overall Contract Agreement Summary, please visit: http://www.seiu503.org/2015/08/homecare-workers-win-15-and-consumers-win-quality-care-improvements/


Homecare Workers
Contract Settlement 

Our member-elected 2015 SEIU Homecare Bargaining Team is incredibly proud of what we have been able to accomplish in the 15 years since we formed our union.  We did this together—by being members, volunteering, being active, paying our dues, writing letters, making calls, showing up to the State Capitol — and we have made our lives and the lives of Oregon’s’ Seniors and People with Disabilities better.

In 2013 our base wage was $10.20/hr—in 2017 our base wage will be $14.50 with an opportunity for $15/hr with a new training certification differential.  In 4 years, that’s up $4.80/hr and more than a 47% increase! We now have some of the best union contract standards for our wages, benefits, and homecare services in the entire country.  And we’re not stopping.

Read below for more details of the new Contract Settlement and stay tuned. Our union will be calling you soon to talk through these details and how we as members can vote to implement these new wage and benefit wins.

 ***Wage Increases***

  • 1/1/16 base pay increases to $14.00/hr
  • 2/1/17 base pay increases to $14.50/hr
  • 1/1/17 new training certification differential of $0.50/hr (see below)

***Change in Pay Dates***

Please note that there is going to be a new voucher and changes in how and when we are paid.  The State prioritized changes to our payroll systems and timelines—both due to legal reasons and also efficiency needs.  We know change isn’t fun, but it gave us an opportunity to fight for – and win – our path to $15.
Effective 1/1/16, pay periods will be the 1st through the 15th and the 16th through the last day of the month.  We will have 3 business days to submit timesheets and paychecks will be issued 8 business days after submission deadline.

 ***New Training Certification Differential to Receive $15***

We are excited about the brand new Training Differential that creates a pathway to $15/hr. Effective January 1, 2017, you will be eligible to receive $.50/hr in addition to your base rate if you complete the Professional Development Certification requirements.   The Professional Development requirements include a specific set of competency based trainings and current First Aid/CPR Certification. Visit the State’s training website today for more information on the Professional Development Certification requirements and to register for free, paid trainings at http://www.oregon.gov/dhs/spd/Pages/adv/hcc/training.aspx

 ***Other Important Information for Live-In Providers Only***

Fair Labor Standards Act (FLSA).  It took over 70 years, but live-in care providers like us will soon have the same legal protections most American workers enjoy, such as being paid for all hours worked and earning at least minimum wage.  Some aspects are still being worked out in the courts, specifically overtime pay (time and a half pay for work beyond 40 hours/week), but we have made some big strides in the meantime.

  • We secured that we must be paid for the hours we’re required to work and ensured that our average rate is at least minimum wage. These new standards are going to represent a significant pay increase for many of us who were required to work many unpaid hours at less than minimum wage.

Please note that homecare workers will only be designated as live-in providers if they are serving consumers who have been determined eligible for live-in services by the State.

Effective 1/1/16 live-in providers will be:

  • Paid Oregon minimum wage, plus any applicable differentials. Before our combined rates for wages put us at below minimum wage;
  • Paid for at least 16 hrs/day, a significant increase from the current 9 hrs/day average
  • May receive up to 3hrs per 24hr period for care during consumer sleep hours (may be paid more than 19hrs/day only in emergency situations
  • Paid in 15 minute increments for services provided during our consumer’s normal sleep hours,
  • If 2 live-in providers are providing services to 1 consumer, the hours and pay will be divided on a pro rata basis
  • If a live-in provider is serving 2 or more consumers in the same household, they will receive no more than 16hrs/day and up to 3hrs/day for services provided during normal sleep hours (hours will be prorated across consumers.)

For An Full Overview of the Homecare Worker Contract Agreement Summary, please visit: http://www.seiu503.org/2015/08/homecare-workers-win-15-and-consumers-win-quality-care-improvements/

 


Personal Support Workers
Contract Settlement 

Our member-elected SEIU Homecare Bargaining Team is incredibly proud of what we have been able to accomplish in the 4 years since we formed our union.  We did this together—by being members, volunteering, being active, paying our dues, writing letters, making calls, showing up to the State Capitol — and we have made our lives and the lives of Oregon’s’ Seniors and People with Disabilities better.

In 2011, our base wages were around minimum wage and we had no access to healthcare, paid time off or other benefits through our care providing work.  Now, we are on a pathway to a $15/hr wage.  We have won healthcare, dental, vision, and now paid time off — all while protecting and significantly expanding funding for the services for the people we care for. In union, we are part of over 20,000 care providers across the state making sure decision makers hear our voices and do what’s right.

Read below for more details of the new Contract Settlement and stay tuned. Our union will be calling you soon to talk through these details and how we as members can vote to implement these new wage and benefit wins.

 ***Wage Increases***

  • 1/1/16 base pay increases to $14.00/hr
  • 2/1/17 base pay increases to $14.50/hr
  • 1/1/17 new training certification differential of $0.50/hr (see below)
  • For providers already making over the base wage, we will also receive two 1% Cost-Of-Living Adjustments (COLAs) 1/1/16 and again on 2/1/17. 

***Payroll System Changes***

The State prioritized changes to our payroll systems—both due to legal reasons and also efficiency needs.  We know change isn’t fun, but it gave us an opportunity to fight for – and win – our path to $15.

The State wanted to require all providers to use the online timesheet system eXPRS immediately. We were able to get this requirement delayed until July 2016 to give more time for training. Also knowing that not all providers have access to the internet, we won language that workers without access to the internet will continue to have a way to submit paper timesheets.

***New Training Certification Differential to Receive $15***

We are excited about the brand new Training Differential that creates a pathway to $15/hr. Effective January 1, 2017, you will be eligible to receive $.50/hr in addition to your base rate if you complete the Professional Development Certification requirements.   The Professional Development requirements include a specific set of competency based trainings and current First Aid/CPR Certification. Visit the State’s training website today for more information on the Professional Development Certification requirements and to register for free, paid trainings at http://www.oregon.gov/dhs/spd/Pages/adv/hcc/training.aspx

For An Full Overview of the Homecare Worker Contract Agreement Summary, please visit: http://www.seiu503.org/2015/08/homecare-workers-win-15-and-consumers-win-quality-care-improvements/


Personal Support Workers Independent Contractors
Contract Settlement 

Our member-elected 2015 SEIU Homecare Bargaining Team is incredibly proud of what we have been able to accomplish in the 4 years since we formed our union.  We did this together—by being members, volunteering, being active, paying our dues, writing letters, making calls, showing up to the State Capitol — and we have made our lives and the lives of Oregon’s People with Developmental Disabilities better.

In just 4 short years, we have won wage increases never thought possible, healthcare, dental, vision, and now paid time off—all while protecting and significantly expanding funding for the services for the people we care for. In union, we are part of over 20,000 other care providers across the state making sure state decision makers listen and do what’s right.

Read below for more details of the new Contract Settlement and stay tuned. Our union will be calling you soon to talk through these details and how we as members can vote to implement our contract victories.

Where did we start?

The State’s opening proposal was to eliminate the Personal Support Worker Independent Contractors (PSW-IC) category that you belong to. This would have moved all current providers into the broad Personal Support Worker (PSW) category with a base rate of $13.75/hr (starting in July 2015) and resulting in up to a 40% reduction for some providers. We were clear with the State that this was beyond unacceptable and we would not settle a contract with rate cuts for current providers.

With the strength of our union behind us, and after months of fighting back we made significant progress for workers as well as the people we serve:

Transition Details

The State’s initial goal was to eliminate the PSW-IC category upon settlement of the contract and have current providers transition into the broad PSW category. We didn’t believe this provided adequate time or an identity for current providers, and we pushed back to win a pathway that provides options and a reasonable timeline for PSW-IC providers

PSW-ICs will have a window between January 1 and March 31, 2016 to transition into becoming a PSW-Specialist or to pursue other options like becoming a Provider Organization.

PSW Specialist

  • We won the creation of a new title of “PSW Specialist”
  • To transition to a PSW Specialist, providers will need to enroll with the Fiscal Intermediary TNT as an employee for tax purposes.  The State will then become responsible for paying the employer portion of the FUDA, SUDA, Medicare, Social Security and associated taxes.
  • Providers do not need to complete any additional training to qualify as PSW Specialists.
  • The State will also not require PSW Specialists to carry liability insurance.

Provider Organization

  • During the months of October and November ODDS will host trainings across the state with more information on becoming a Provider Organization for those interested in pursuing that path.  The trainings will include information on the process to become a PO, the rate structure and other pertinent information.

Provider Rates:

We defeated the State’s proposal to roll back PSW-ICs to a $13.75/hr base rate. All PSW-ICs will be grandfathered in at their current rate, even if they take on new consumers in the future.

Furthermore, providers will receive a 1% raise on January 1, 2016 and another 1% raise on February 1, 2017.  This is a huge victory given the State’s initial proposal to cut rates by up to 40%.

Looking to the Future

We still have work to do! Luckily, bargaining is not the only tool in our toolbox.  We can still fight and organize around our issues outside of the bargaining table.  But in order to win on this, we need providers like you to stand together with our union. The most important way you can show your support is by becoming a member of our union.  Strength in membership is the first way we show the State that we are united to make improvements for ourselves and our consumers.

For An Full Overview of the Homecare Worker Contract Agreement Summary, please visit: http://www.seiu503.org/2015/08/homecare-workers-win-15-and-consumers-win-quality-care-improvements/


Personal Support Workers Over 50 Hours
Contract Settlement 

Our member-elected SEIU Homecare Bargaining Team is incredibly proud of what we have been able to accomplish in the 4 years since we formed our union.  We did this together—by being members, volunteering, being active, paying our dues, writing letters, making calls, showing up to the State Capitol — and we have made our lives and the lives of Oregon’s’ Seniors and People with Disabilities better.

In 2011, our base wages were around minimum wage and we had no access to healthcare, paid time off or other benefits through our care providing work.  Now, we are on a pathway to a $15/hr wage.  We have won healthcare, dental, vision, and now paid time off — all while protecting and significantly expanding funding for the services for the people we care for. In union, we are part of over 20,000 care providers across the state making sure decision makers hear our voices and do what’s right.

Read below for more details of the new Contract Settlement and stay tuned. Our union will be calling you soon to talk through these details and how we as members can vote to implement these new wage and benefit wins.

 ***Wage Increases***

  • 1/1/16 base pay increases to $14.00/hr
  • 2/1/17 base pay increases to $14.50/hr
  • 1/1/17 new training certification differential of $0.50/hr (see below)
  • For providers already making over the base wage, we will also receive two 1% Cost-Of-Living Adjustments (COLAs) 1/1/16 and again on 2/1/17.

***Change in Pay Dates***

Please note that there is going to be a new voucher system and changes in how and when we are paid.  The State prioritized changes to our payroll systems and timelines—both due to legal reasons and also efficiency needs.  We know change isn’t fun, but it gave us an opportunity to fight for – and win – our path to $15.

The State wanted to require all providers to use the online timesheet system eXPRS immediately. We were able to get this requirement delayed until July 2016 to give more time for training. Also knowing that not all providers have access to the internet, we won language that workers without access to the internet will continue to have a way to submit paper timesheets.

***New Training Certification Differential to Receive $15***

We are excited about the brand new Training Differential that creates a pathway to $15/hr. Effective January 1, 2017, you will be eligible to receive $.50/hr in addition to your base rate if you complete the Professional Development Certification requirements.   The Professional Development requirements include a specific set of competency based trainings and current First Aid/CPR Certification. Visit the State’s training website today for more information on the Professional Development Certification requirements and to register for free, paid trainings: http://www.oregon.gov/dhs/spd/Pages/adv/hcc/training.aspx

*** New Regulations around Total Hours Worked***

New policy changes outside of contract negotiations are being rolled out by the Oregon Department of Human Services Office of Developmental Disabilities Services (DHS ODDS) and will limit workers to working 50 hours/week per consumer. This policy will be implemented on a rolling basis as the consumer’s plan is renewed.

Our union pushed for – and secured – exemptions to the new regulation in order to provide flexibility for better care quality and worker opportunities.

Q: How is this policy different than the 50/hr week cap that was discussed in bargaining?

In bargaining, we were able to push back against the State’s proposal for an across-the-board hours cap that would limit the total number of hours we could work per week.

The new policy places restrictions on consumer plans, allowing DHS ODDS to put limitations on consumer plans as they are developed. Unfortunately, this lets the State get around the agreements we made during bargaining.

While personal support workers can continue to work more than 50 hours/week with multiple consumers because of our negotiations, this new policy will prevent us from working more than 50 hours/week with just one consumer.

Q: Will there be exceptions to this new rule?

Alongside other stakeholders, our union pushed the State to develop exceptions to the new limitation to provide more flexibility for higher quality care. Some of the possible exceptions to the hour limitations will include workforce shortage areas, emergent care situations and unique/complex consumer needs.

Q: How do we apply for an exception?

Any exception requests should start with the consumer’s CDDP or Brokerage by contacting the case manager. In order to qualify for an exception, documentation will have to be provided demonstrating that other resources were researched, referrals were made to appropriate resources, and that no alternatives are available that permit the 50 hour limitation to remain in place.

We are continuing to push the State for more transparency on how this new policy and the exceptions process are implemented. We will continue to keep you updated as we get more information over the coming weeks.

For An Full Overview of the Homecare Worker Contract Agreement Summary, please visit: http://www.seiu503.org/2015/08/homecare-workers-win-15-and-consumers-win-quality-care-improvements/

Comments Off on Care Providers: Looking for Info on Our Tentative Agreement with the State?

Homecare workers win $15 and consumers win quality care improvements!

Our member-elected, member-run homecare bargaining team has made history by winning a path to $15 for over 20,000 Oregon Homecare workers!

Workers’ current base wage of $13.75 will increase to $14.00 January 1, 2016 and then $14.50 February 1, 2017—and workers who complete seven employer-paid training classes with first aid and CPR will also receive a $0.50/hr training certification differential (see below for more details).

This historic victory belongs to all of us. In 1999, Oregon Homecare workers had no union, no voice on the job, and no ability to make a living. Many of us earned less than minimum wage. We were considered “domestic servants.” Sixteen short years and lots of collective action later, our work is coming out of the shadows. Our consumers have increased support to live their lives with dignity and autonomy, and we workers can survive and provide for our families.

These huge victories have made us the target of some out-of-state, anti-public-services groups like the Freedom Foundation. They are trying to weaken our union by encouraging care providers to drop their membership, but homecare workers are showing them that we know better. If this historic win has showed us anything, it’s that our strength is our membership, and through our strength, we can move mountains!

——

CONTRACT SETTLEMENT DETAILS

Fair Wages to Recruit and Retain Quality Providers

  • Four year contract July 1, 2015- June 30, 2019, with a wage reopener in 2017.
  • The base rate will increase from $13.75 to $14.00 effective January 1, 2016.
  • The base rate will again increase to $14.50, effective February 1, 2017.
  • Providers making above $13.75/hr will receive 1% COLAs January 1, 2016 and February 1, 2017. This is a huge win considering the State’s initial proposal was to cut these providers down to base rate.
  • New Training Certification Differential that’s $0.50/hr effective January 1, 2017.

Fair Labor Standards Act

  • All Hours Worked- APD live-in providers will be paid for at least 16 hours a day starting in January 2016. APD Live-in providers are currently only paid an average of 9 hours a day.
  • State minimum wage- Many APD live-in providers have been making an average wage that is less than state minimum wage. Starting January 1, 2016 all APD live-in providers make at least state minimum wage.
  • Hours Cap- The State wanted to establish a cap limiting the total number of hours a provider can work per week. We were not going to agree to any type of worker hours cap until the State also has to implement overtime. The State agreed to back off of their weekly hours cap proposal until the overtime requirement is resolved in the courts.
  • Paid Travel Time- Starting January 1, 2016 providers can be paid for their travel time directly between clients at the base rate.

Fair Shot Legislative Wins

  • We helped pass House Bill 2960 which sets-up up a new state retirement option that will allow providers to have a secure way to save for retirement. The plan will be operational in 2017.
  • We also helped pass Senate Bill 454 which expands the Paid Time-Off benefit to 5 days a year for qualifying hourly workers.

Payroll System Changes

  • The State wanted to require all providers to use the online timesheet system immediately. We were able to get this requirement delayed until July 2016 to give more time for training.
  • Knowing that not all providers have access to the internet, we won language that workers without access to the internet continue to have a way to submit paper timesheets.

A Stronger Voice for Providers to Advocate for Quality

  • Advocating for Consumer Services- we protected language in our contract that guarantees consumer services/hours will not be reduced as a result of improvements won for providers.

Rights & Respect

  • Issues Committee- We created a Joint Issues Committee for Homecare and Personal Support Workers.
  • Worker Credentials- Providers will be better notified in advance of when they need to renew their background check or Provider Enrollment Agreement including a 120 and 60 day reminder.

 

Learn more about the benefits and changes that will impact you. Click here to read about specific contract changes for homecare worker categories including APD providers, DD providers, independent contractors, and more.

Comments Off on Homecare workers win $15 and consumers win quality care improvements!

Homecare worker bargaining update: Getting closer to a contract

Together, members of our union are standing strong! We’re on the cusp of winning some of the strongest wages and benefits for care providers in the country.

Yesterday our team was in bargaining with the State until 3am for the third week in a row. We’re committed to a fair contract, even if that means going late into the night—or whatever it takes to win improvements for providers and the people we serve.

Our hard work and dedication is paying off. Yesterday, the State formally counter-proposed increasing our base wage to $14.50 over the next two years. This is a huge step forward in winning a living wage for all providers—but our work isn’t done and we’re not stopping. Our union is still fighting for $15/hour by June 2017. In addition, we’re still working though State-proposed changes to our payroll system to make sure we have access to timely pay and a streamlined process.

Just a mile away from where our bargaining team was working hard and making progress toward one of the best homecare contracts in the nation, the out-of-state, out-of-touch Freedom Foundation was holding a press conference about how they plan to move into Oregon and attack our union.

They’re coming after us with lawsuits and money from a couple of out-of-state, far-right conservative donors. On the other hand, we Oregon homecare workers are coming together in the tens of thousands to stand up for ourselves and our consumers. There’s power in numbers, and we’re not about to let a handful of out-of-state lawyers try to take away from what we have accomplished together through our union!

Our next bargaining session is scheduled for August 26th. Stay tuned for more details on our fight to win a historic contract.

Comments Off on Homecare worker bargaining update: Getting closer to a contract

Homecare bargaining update: On the brink of a huge victory

18772591978_2dd2e606a5_kYour member-elected SEIU 503 bargaining team was at the table until 4am on Monday pushing for a fair contract that protects services for clients and lifts wages for providers.

We have secured legislative funding to protect and expand services and hours for the people we serve—and we believe that we are now on the brink of winning a path to $15 per hour for care providers. This would be a historic victory on top of the gains we’ve already won this year, including improving the Paid Time-Off benefit and access to a retirement savings plan.

The fact that we’re so close to this historic win has caught the attention of out-of-state special interests that will do anything they can to undercut our work. The Freedom Foundation, a multi-million dollar anti-union and anti-public service worker pressure group, has been taking out newspaper and radio ads, and recently started spam mailing homecare workers, asking workers to drop our membership. Click here to learn more about the Freedom Foundation’s actions in Washington State.

Why would they do this? The Freedom Foundation operatives have a long track record of undermining public leaders and workers who believe in vital public services. They want to destroy our union because they have seen that when we join our voices and resources together, we have been incredibly effective at improving and expanding services.

They claim you have nothing to lose by resigning your membership. The truth is, you have everything to lose. It’s easy to forget how about a decade ago many providers were paid less than minimum wage. We and those we care for were without a voice in the Legislature. In union, we’ve raised base wages to $13.75; we’ve protected dignity, autonomy, and choice for our consumers. Through our union, we’ve won benefits like healthcare, paid time off, and professional development—and it’s all happened because workers like us have chosen to join together in our union.

Our next bargaining session is August 4. Stay tuned as we continue to work hard together to finish up our bargaining work.

Comments Off on Homecare bargaining update: On the brink of a huge victory

Homecare funding is under attack

In the last few weeks, the Oregon Department of Human Services (DHS) announced that we are facing a $140 million shortfall in funding services. Unless legislators act, our consumers could face significant cuts in services.

SEIU members have been working hard to stop the cuts. From taking time to share personal stories with their legislators to speaking out at regional hearings, SEIU members are making the difference by highlighting common-sense ways to both protect funding for our services and to balance the state budget. We have from now until the end of June to convince state legislators to make the right decisions for our consumers and our communities!

Key concerns:

1.      $140 Million in cuts to services. We need to make sure we do everything we can to stop cuts and continue investing in seniors and people with disabilities.
2.      50 hour-per-week cap. DHS is proposing significant changes to the live-in program and a weekly hour limit for workers. This change could have very bad consequences for high-need consumers, and could seriously impact families’ ability to find quality care providers.
3.      Wages and benefits. Currently, DHS is proposing no new investment for cost-of-living increases for wages or benefits, as well as an up-to 40 percent rate cut for providers known as “independent contractors” and “job coaches.” We can’t fall backward, and we need to recruit and retain quality care providers! We sent a clear message that this regressive proposal is unfair and wrong. For more information on bargaining, click here to view a side-by-side comparison of opening proposals.

We need your help if we want to both protect services for our consumers and invest in workers. Click here to learn how you can help support our efforts.

Comments Off on Homecare funding is under attack

Homecare worker bargaining: Opening proposals

The chart below shows the opening proposals for each side. Our goals are to raise standards for workers and to protect access to services for our consumers!

SEIU PROPOSAL STATE PROPOSAL
Wages to recruit and retain quality providers
  • Base rate: We are pushing for a pathway to $15 per hour by the end of the contract.
  • We are proposing fair cost-of-living increases for all providers already earning above $13.75 per hour.
  • Wage freeze for the majority of providers.
  • The State proposed up to a 40 percent rate cut for providers known as “Independent Contractors” and “Job Coaches.” We sent a clear message that this regressive proposal is unfair and wrong.
Fair Labor Standards With the extension of the Fair Labor Standards Act to cover homecare workers, our team proposed:

  • Overtime for all hours worked above 40 per week.
  • Paid travel time between consumers’ homes.
  • Health and safety hour limitations: Any hourly worker hired after July 1, 2015, can work no more than 60 hours per week.
  • The State proposed a 50 hour-per-week cap for workers (except for APD live-in providers). This is concerning given the workforce shortages our state is facing.
  • No proposal to pay overtime, despite putting forward a weekly hour cap.
Retirement security Proposing the State set up a new voluntary retirement plan to give providers a secure way to save for retirement. The State has not yet responded to our proposal.
Paid time off We have proposed expanding the Paid Time Off benefit to five days a year for qualified hourly workers. The State has not yet responded to our proposal.
Hold bad employers accountable
When large corporations pay their workers poverty wages and no benefits, Oregon taxpayers foot the bill. The State should make these corporations pay their fair share, so more of our state revenue can go toward funding services and less toward subsidizing big corporations. The State has not yet responded to our proposal.

 

Comments Off on Homecare worker bargaining: Opening proposals