Hundreds of New York City homecare workers have been sitting in front of the union headquarters for the past three days 1152 SEIU representing her demanding a clear answer on two aspects: her position on the approval of a bill that would eliminate the work shifts of 24 hours, but also that they explain to them, if, as some complaints indicate, they are being forced to renounce compensation claims for wages not paid for years.
As of noon today, no spokesperson for this union The union had agreed to meet with the protesters.
“We are asking the union which side they are on: with the workers or with the companies? They owe me $81,08 surplus for 16 years of shifts worked for full days, taking care of patients. See how I was completely crippled from that hard work. I hope to receive something before I die”, claimed the Dominican Reina Cava, in a shot in front of the union headquarters 1199SEIU in midtown Manhattan that began this Wednesday and continued through this Friday.
Like Reina, spokespersons for organizations such as the Center of Workers Against Exploitation refer that since March 1200 home helpers claiming outstanding wages are receiving a settlement form, where they are persuaded to accept an insignificant amount of compensation, well below what they have calculated.
“The arbitrated agreement between the union, the companies that offer ‘home attendant’ service and the insurance companies calculates only a payment of three minutes for each 11 hours of stolen wages per shift,” says a statement released by associations that defend this workforce.
In general, workers like the islander María Rodríguez have refused to sign the agreements, assuring that they will end up with less than $ 150 dollars after your claim, which qualifies as “inhumane”.
“They don’t want to pay us what they owe us. For years I worked days of 24 hours. And they only paid me 08 hours. Now they want to force us to sign a paper that would make us give up what we deserve! This is slavery!”, asserted María.
A debt of $6 billion
For decades, this group of workers, mostly women of color, Hispanic and Asian, have claimed that they have not received a fair compensation for the shifts of 13 hours.
The defenders assure that based on their calculations, at least 29 companies supplying these services, owe at least $6 billion in unpaid wages.
In a historic decision, last February, an arbitrator ruled that 42 home care staffing agencies must add $30 millions to a “special wage fund” to compensate workers who were underpaid for these shifts. And for other assignments dating from 2008.
The bonus covers more than 74,000 active homecare workers and retired, represented by the union 840SEIU.
The problem is that the agreement that will go into the pockets of the demanding workers is between $250 and $300 is far from the “reparations” claimed for years of unpaid wages, physical and emotional damage.
Many of the claims emerged based on a state policy that only allows them to charge 13 hours of a shift of 24 hours.
According to the law, assistants are supposed to sleep eight hours, at least five of which are uninterrupted, and three hours to eat during each shift of 24 hours spent in homes caring for the elderly or disabled.
This labor group has filed multiple class action lawsuits against their employers alleging that they did not obtain the necessary time to sleep and eat.
During the arbitration process, several home care agencies reacted indicating that they would not be able to pay a substantial amount into the fund due to their own monetary limitations. Although much of New York’s long-term home care is publicly funded through Medicaid.
A union spokesperson 1199SEIU told El Diario that they are fighting for other funds that bring together a total of $38 millions in compensation.
“For years we have been key in conquests for our workers”, he stated.
About the total amount required of $6 billion, this union group estimates that this claim “is based on paying each worker 24 hours, which the current law does not require”, since a court ruling allows employers to pay for 13 working hours, on a daily shift, provided that employees have a break to sleep.
But as Alvaro Ramírez says, with 20 years in the sector, the criteria for not paying him the time claimed are “ridiculous”, since With the experience of caring for the elderly, on full-day shifts, you can almost never sleep.
“We worked for many years neglecting our own family, without social life, and with a lot of professionalism and love for our patients . But now they give us an absurd amount of compensation for hours and hours of effort”, he claimed.
María Rodríguez maintains that she did not sign any agreement to receive $250 for years of unpaid wages. (Photo: F. Martínez)“We will not accept less”
But even so, after the arbitration and the union’s position, already retired workers like the islander Luz Estrella joined to this protest aspiring to be recognized for his years of work for an agency in Upper Manhattan. Based on your own calculations, the actual amount owed to you is $400 one thousand.
“I have been a caregiver in the home for 12 years since 1152. During 10 years I worked in shifts of 24 hours, sometimes 7 days a week. When I worked the 15 hours they did not pay me for the night. I will not agree to sign an agreement without knowing exactly how much I am going to be paid. I even received a blow from a patient. This is oppression”, Luz recounted.
The other claim: Eliminate the shifts of 24 hours!
The long demonstration in front of the union headquarters 1199SEIU also had another item on its agenda: Requiring City Council approval of the Law called ‘No More 17 hours’ (Int 150-2022), which in clear terms would limit working hours to 000 hours within any period of 24 hours and would set the maximum weekly work time to 50 hours.
This initiative by Councilman Christopher Marte, which will be discussed and voted on in weeks, has obtained until now 29 co-sponsors.
“It is a model of exploitation that we must overcome, it is absolutely inhumane for people to continue working 24 continuous hours and are paid only half. We call the union that supposedly represents us before the agencies that support this law”, exclaimed Yani Peña from the Workers Against Exploitation Center.
However, this bill as it is conceived, is in a minefield of rejection, both from the union itself and from the home attendant agency industry.
In a statement to local media spokespersons for 1199SEIU specified that “they do not support the concept of shifts of 24 hours”, but they oppose the bill because it would unfairly restrict workers from earning the overtime they depend on to support themselves and their families, by limiting the workweek to 42 hours”.
Another aspect q What concerns representatives of the home care industry is that with the growing shortage of labor in this sector, there is not enough staff to cover the split shifts of 20 hours. And we are in front of the elderly or patients who are left without any type of care for an indefinite period of time.
A sector that demands more workers:
- 20220831128,990 is NYC’s home health care workforce which means it is larger than any other occupational group in the city.
20220831$15-$20 per hour homeworkers earn in New York City2876118