Judge Upholds Overtime Pay Ruling for Resurrection Home Health Workers

Department of Labor cites hospital chain with labor law violations and orders it to pay back wages

Chief Administrative Law Judge Claudia Manley has denied Resurrection Health Care’s appeal of an Illinois Department of Labor (IDOL) ruling that found the hospital chain in violation of the state’s labor standards law regarding overtime pay.  In a decision issued on June 29, Judge Manley rejected Resurrection’s challenge to the audit process that determined the amount of back pay that the health care system owed employees in its Home Health Services division. 

IDOL cited Resurrection Health Care for overtime violations as a result of complaints filed in 2004 by Home Health Services employees who charged that the chain consistently failed to pay them for hours worked beyond their normal schedules. 

In her decision on RHC’s appeal, Judge Manley found that the audit estimates of overtime hours were reasonable and that RHC's arguments to the contrary were "disingenuous," noting, “an employer should not be allowed to benefit from its lack of recordkeeping.”    

RHC has now exhausted all internal IDOL appeals.  If the company does not comply with the IDOL order to make the employees whole, the department can refer the case to the Attorney General for prosecution.

Resurrection Health Care should cease its stalling tactics and pay these employees what the law requires," said Henry Bayer, Executive Director of the AFSCME Counil 31, which is working with employees at Resurrection hospitals who are seeking to form a union.  "It is appalling that the company broke the law and failed to pay these low-income workers what was owed to them," he said.

The complete text of Judge Manley's ruling can be found HERE.