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Direct Care

Direct Care Workforce

“Direct care workers” work in the healthcare industry, in both the for-profit and non-profit sectors.  The term “direct care workers” usually includes Nursing Aides, Home Health Aides, Personal Care Aides, Companions, and other jobs.  For example, it also includes home and community-based services (HCBS), facility work (day programs, assisted living, etc.), Job Coaching, Job Development, Mentorship, and Pre-Vocational services. 

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If you are unsure whether you are part of this worker class, see  Base Wage Requirement for Direct Care Workers – Frequently Asked Questions by the Department of Health Care Policy and Finance (HCPF), and HCPF’s OM 23-040 for covered Medicaid service and waiver types.

Workers' Rights for Direct Care Workers

In almost all cases, have the same rights/protections under Colorado law as all other workers, with a few narrow industry and worker-specific exceptions. Worker rights include:

  • Timely wage payment
  • Overtime Pay
  • Direct Care Base Wage rate or Colorado Minimum Wage (whichever is higher)
  • Break Times
  • Payment for Time Worked, including Certain Travel Time
  • And more!

In its outreach to workers and employers, the CDLE Division of Labor Standards and Statistics (“DLSS”) has created informational sheets specifically for certain work types, called “KNOWLEDGE” sheets (Knowledge for Workers on Labor law is Empowering and Drives Good Employment). KNOWLEDGE #2< explains a broad range of direct care labor rights and responsibilities under Colorado labor law, as well as points specific to direct care work, such as the base wage rate requirement, differences in break times and overtime pay for certain worker types.

The KNOWLEDGE sheets also link to DLSS’s INFO sheets (Interpretive Notice & Formal Opinion), which offer more in-depth information about Colorado wage and hour laws and regulations.

Educational Videos

Are you a direct care worker who would like to know more about your rights under Colorado law? You have a few options. You can watch our informational videos about certain topics shown in the links below. In the future, we will post webinars in this space and provide in-person and webinar presentations, as shown on the calendar below. 

Direct Care 3-Part Workers' Rights Training:

Workers' Rights Training Part 1

Transcript for Workers' Rights Training Part 1

Workers' Rights Training Part 2

Transcript for Workers' Rights Training Part 2

Workers' Rights Training Part 3

Transcript for Workers' Rights Training Part 3

Base Wage Rate

Impermissible Deductions

Direct Care Workforce Stabilization Board

On June 5, 2023, Governor Jared Polis signed into law the "Direct Care Workforce Stabilization Board Act," S.B. 23-261, C.R.S. Title 8, Article 7.5. The Act creates a Board to:

  1. (A) develop recommendations to the Governor and legislature at least every two years, starting September 1, 2024, as to: (1) for minimum direct care employment standards to protect and ensure the health and welfare of workers without impeding the dignity and independence of consumers [...]; (2) on how the state can better communicate information to workers about their rights and the obligations of direct care employers; and (3) at the discretion of the board, for additional types of workers who provide services that are direct care in nature within Colorado's long-term care delivery system;
  2. (B) investigate: (1) market conditions in direct care in relation to the labor market,[...] (2) other industry models,[…] (3) the impacts of racial and economic injustices on direct care workers and consumers; and (4) the adequacy of reimbursement rates available through the medical assistance program; and
  3. (C) engage direct care workers, employers, and consumers, through: (A) public meetings and hearings[…] (B) a public education and communication plan[…] ; and (C) notices for employers to provide workers[>…]. 

Under the Act, the Board has 15 members, with initial appointees selected by the Colorado Department of Labor and Employment (except for the two representatives of other state departments), for terms of one to three years.

Direct Care Stabilization Board Members:

From several dozen applications, the following 12 individuals have been selected as initial Board members representing employers, employees, and consumers:

The four members representing employers:

  1. Don Knox, Home Care and Hospice Association of Colorado
  2. Alexa Cataldo, Sample Supports
  3. Leslee Torres, Personal Assistance Services of Colorado
  4. Joseph Shippee, Apollo Home Care Services
    • Phone: (303)923-3771

The four members representing employees:

  1. Stephanie Felix-Sowy, SEIU Local 105
  2. Sandra Sherwood, care worker
  3. Christina Jackson, care worker
  4. Earlene Anderson, care worker

The four members representing consumers:

  1. Julie Reiskin, Colorado Cross-Disability Coalition
  2. Mary Jo Baudino, care consumer
  3. Jennifer Ochs, care consumer
  4. Verna Smith, care consumer

The members representing government agencies:

  1. Katherine Keegan, Director of the Office of the Future of Work, CDLE
  2. Colin Laughlin, Deputy Office Director, HCP
  3. Steve Cox, Home Care Services Section Manager, CDPHE

Direct Care Stabilization Board Meetings & Hearings:

Public Notice: Direct Care Workforce Stabilization Board Meeting

What: The Colorado Department of Labor and Employment (CDLE) will be hosting a meeting of the Direct Care Workforce Stabilization Board. These meetings are open to the public. 

When:

  • Friday, May 17, 2024
  • 12:00pm-2:00pm

Where:

  • In person: 633 17th St Denver, CO 80202
  • If you would like to attend virtually, you may attend via Zoom. Check back for the Zoom link as the date approaches. 

Zoom Link
Meeting ID: TBD
Passcode: TBD

If you need accommodations or modifications to access the board meetings, please contact carrie.chesney@state.co.us to submit your request.

Past Meetings & Public Hearings:

Upcoming Direct Care Stabilization Board Public Hearing

  • Date: Saturday, April 27, 2024
  • Time: 1:00pm-3:00pm
  • Register in advance for this meeting. After registering, you will receive a confirmation email containing information about joining the meeting.
  • Zoom Link 
  • Location for in-person: Blo Back Gallery, 131 Spring St., Pueblo, CO 81003
  • Open to the public

Direct Care Workforce Stabilization Board: Submit Public Comments

The Direct Care Workforce Stabilization Board is soliciting comments from current and former direct care workers, consumers, employers, and organizations that represent those groups. Public comments may be made during the Board's public hearings, via this Public Comment Form, or they may be emailed to cdle_lsoutreach@state.co.us. Comments may be submitted anonymously by not entering a name and email address on the comment form. 

Contact Us

If you suspect your employer has violated Colorado Wage & Hour laws, please file a claim. If you have questions about what wage and hour law requires or about any other matters the Division may handle, please contact us by email or  303-318-8441.