Published: March 30, 2022

We have been dealing with pay issues for years with no real resolution. As far back as 2019, the DHS admitted to a reporter from the Statesman Journal that they had issued nearly 10,000 late payments to care providers the previous year alone. Yet the problem continues. The launch of a new timekeeper system only made these issues worse. Many caregivers have been paid late, incorrectly or not at all.
Homecare union leaders met multiple times with HDS leadership to demand that the State take accountability in the pay crisis that homecare workers are facing. Homecare workers sent letters to lawmakers and DHS leaders, rallied outside DHS offices, and flew banners and signs from highway overpasses across the state, demanding the care providers be paid on time, every time.
The results of those efforts are a 1.5 million dollar settlement by DHS to make affected homecare workers whole.

Here are the settlement details:

  1. A Homecare Worker or Personal Care Attendant who has received a partial payment for the pay periods beginning on August 1, 2021, and ending on March 12, 2022, shall receive a late pay penalty payment of one hundred fifty dollars ($150.00) per incident. Payments will not be subject to tax withholding.The check stub shall provide at minimum, information about the reason for payment.
  2. The payment as provided for above will be paid to homecare workers and personal care attendants within ) sixty (60) days from the date of the signing of this Agreement. Homecare workers and personal care attendants will not be required to file a claim for the payment defined in 1. above.
  3. Effective with the pay period beginning March 13, 2022, partial payments which are determined to be a result of the Case Management Entity administrative error shall constitute a late payment fee in accordance with Article 8 of the Parties’ Collective Bargaining Agreement.
  4. For partial payments and other payment issues which occur after the period defined in 1. above, homecare workers and personal care attendants shall initiate claims for late pay penalty payment and resolution of any pay issue through the OHCC Customer Relations online service form. The OHCC shall verify the claim within thirty (30) calendar days. If the claim is not resolved in thirty (30) calendar days, the Parties can mutually agree to extend the time to resolve the issue. The form shall be developed jointly by the MAC and the OHCC. Until the form is developed the parties shall use the current process for pay issues. The OHCC shall share the form on their homepage, social media, text message, email, communicate to CMEs, payment remittance and every other normal channel of communications.
    a. Homecare workers and personal care attendants without access to computers or smart devices may contact OHCC or the SEIU Member Assistance Center (MAC) by phone or email to submit a claim.
    b. Late payment penalty fees will only apply to partial payments that are a result of an administrative error pursuant to Article 8.
  5. APD/OR PTC Team shall share with SEIU Member Assistance Center (MAC) reports which provide pending entries related data for each pay period within three (3) business days after the pay processing date.
  6. The State will collect data for ninety (90) days to further analyze the origin of the errors and determine short and long-term plans intended to eliminate these partial payment issues. The plans and analysis shall be presented to the Union at a quarterly meeting until such time that the partial payment issues are resolved.