Kennett v. Bayada Home Health Care, Inc.

# Kennett v. Bayada Home Health Care, Inc. **What Happened** A worker at Bayada Home Health Care, Inc. disputed whether the company properly paid overtime wages. Bayada argued that a special "companion" exemption under Colorado law allowed them to avoid paying overtime. This exemption was designed for workers hired directly by families to care for relatives. Bayada claimed this exception applied to their employees as well. **What the Court Decided** The court disagreed with Bayada. The judge ruled that the companion exemption only applies when families hire care workers directly—not when workers are employed by a third-party home health care company like Bayada. The court sided with the worker by granting their request for judgment, while rejecting Bayada's opposing request. **Why This Matters for Workers** This ruling protects home health care workers employed by agencies. It means companies cannot use the companion exemption to avoid paying overtime wages. Workers employed by home health care agencies are entitled to overtime pay under Colorado law, even though direct household employees may not be.