The gig economy has revolutionized the way healthcare workers find employment and receive payment. Paulette Hewitt, a dedicated nursing assistant, utilized the Clipboard Health app to secure shifts at various healthcare facilities in Los Angeles.
During the challenging times of the COVID-19 pandemic, Hewitt encountered a distressing issue: her paychecks from the app suddenly ceased. Hewitt found herself owed a substantial sum of over $21,000, encompassing both regular and overtime shifts worked between November 2021 and January 2022.
Despite reaching out to Clipboard Health’s support staff for assistance, Hewitt found herself unable to receive the compensation she rightfully deserved. She resorted to filing a wage claim with the California Labor Commissioner in the summer.
According to state records, a meeting was convened in early March, which involved Hewitt, a representative from the labor commissioner’s office, and a representative from Clipboard Health. Alarming figures emerged in these records: estimated penalties for unpaid wages surpassed $18,000, while liquidated damages for failure to pay minimum wages during the time period accounted for nearly $8,000. Consequently, Clipboard Health potentially owed Hewitt an outstanding sum of over $47,000.
As Hewitt’s job served as her sole source of income, the nonpayment started taking its toll. She fell behind on her financial obligations, ultimately losing her family’s home. In order to ease the burden, she had to send her teenage son and daughter to live with their father in New York.
Recounting her devastating circumstances at the time, Hewitt emphasized the dire consequences she faced: “I lost my house, my car, my kids.”
Unpaid Wages and the Plight of Contract Workers
Over the next few months, an investigation was conducted regarding the payment dispute between Clipboard Health and Kei-Ai Los Angeles Healthcare Center. This facility was where Hewitt had worked her shifts, for which she claimed she never received payment. In May, Clipboard Health offered Hewitt a settlement of $36,000. She expressed her willingness to accept this offer, but one condition was attached – she had to refrain from speaking to the media.
However, just before signing the settlement, further details emerged about Hewitt’s case. These new revelations shed light on the challenges faced by workers who are not considered as direct employees and instead rely on intermediaries like Clipboard Health for their job assignments. Delayed or unpaid wages in such circumstances have been a recurring complaint filed by other workers against the company in California. Similar grievances have also been voiced by users of the app across the country. In fact, just last year, Clipboard Health settled a lawsuit in California for $2.2 million, which included allegations of unpaid overtime. Despite this settlement, the company maintains its denial of any wrongdoing.
“It took them a year to address my concerns,” lamented Hewitt, reflecting on her experience before cutting off further contact with the company as per the settlement agreement. “This is deeply unjust on multiple levels.”
Unlike contract workers such as Hewitt, if she had been a staff nurse, she could have directly approached either a supervisor or the human resources department to resolve her unpaid wages issue. Additionally, she might have even had someone advocating on her behalf.
The Challenges of Shift Work and Payment Issues
Shift work has become increasingly common in various industries, including healthcare. Apps like Clipboard Health have been developed to streamline the process of connecting workers with available shifts at healthcare facilities. However, for many workers, this added layer of technology can lead to confusion and complications when it comes to payment.
One such worker is Emily Hewitt, a caregiver who recently started using the Clipboard Health app. Despite completing multiple shifts at a facility, she found herself facing a delay in receiving her payment. As an independent contractor, she had to rely solely on the app’s support staff to address the issue. Unfortunately, she found little assistance from these overseas support personnel.
Hewitt attempted to contact Clipboard Health directly, but was unable to reach anyone from the company. When she turned to the facility where she had worked her shifts, the manager informed her that they had already paid Clipboard Health for her services and were unaware of any payment delays.
Facing frustration and needing a resolution, Hewitt reached out for further clarification. Kei-Ai, the facility run by Aspen Skilled Healthcare, as well as Aspen management itself, were contacted for comment regarding their involvement in the situation. However, despite repeated requests, no response was provided.
To seek answers, Hewitt went directly to Kei-Ai and spoke with Cameron Espino, the director of staff development. She handed him her phone and discussed the issue at hand. During their conversation, Espino requested Hewitt’s timesheets to better understand the situation. Hewitt promptly forwarded him dozens of previously shared timesheets. In response, Espino assured Hewitt that he had forwarded the timesheets to payroll for further investigation.
When approached for comment on the matter, Clipboard Health did not offer a response specifically addressing this allegation. However, Jimmy Asci, a spokesperson for the company, emphasized that tens of thousands of healthcare professionals successfully utilize the Clipboard marketplace on a regular basis. According to Apptopia, a provider of data on mobile app downloads, the Clipboard Health app has been downloaded over 19,000 times in the past 30 days alone.
While apps like Clipboard Health can provide convenience and efficiency in the realm of shift work, situations like Hewitt’s payment delay underscore the potential challenges that can arise when an intermediary platform is involved. The complex nature of these arrangements can lead to confusion and challenges in determining and resolving issues of responsibility. It is important for both parties, healthcare facilities and workers alike, to have clear lines of communication and prompt resolution processes in place to address such concerns effectively.
Hewitt’s Case and the Issue of Shift Bookings
As a response to this situation, the company firmly stated that their app-based marketplace cannot function properly if users continue to book shifts outside of the app. They emphasized their commitment to reiterate with users that booking shifts outside of the app is not allowed, and as a consequence, Clipboard Health will not support payment for such shifts.
Regarding the confidential settlement that Hewitt mentioned reaching with Clipboard Health, Asci declined to comment on the matter.
The Class-Action Lawsuit and Misclassification Allegations
A separate settlement of $2.2 million was reached in Kern County Superior Court in a class-action lawsuit against Twomagnets Inc., which does business as Clipboard Health. The allegations revolved around the misclassification of healthcare workers as independent contractors instead of employees. Despite this legal challenge, Asci affirmed that Clipboard Health stands behind their business model, highlighting its ability to provide flexibility for professionals and facilities alike.
A Growing Trend of Companies Offloading Risk
Recent records obtained by Clipboard Health app users reveal a concerning trend among healthcare workers throughout California. These records, filed with the California Labor Commissioner since 2020, highlight numerous wage claims and shared experiences of unpaid or delayed wages, lack of overtime pay, and inadequate support staff. Workers have also reported instances of promised extra pay for caring for COVID-19 patients not being honored.
The status of these claims varies, with some being closed or settled while others are still under investigation by the state. Clipboard Health acknowledges these issues and has made efforts to rectify them. The company has introduced two product updates, InstantPay and auto-verification, to expedite payments to healthcare professionals after their shifts. Furthermore, they are actively working on strengthening their support team and procedures to provide immediate and comprehensive assistance to healthcare professionals and facilities.
However, the problems extend beyond California. Clipboard Health users in different parts of the country have also encountered difficulties in receiving timely payments. Winsome Bishop, a nurse in Connecticut, had her account deactivated after she voiced concerns about not being compensated for a canceled shift.
This unsettling pattern reflects a growing trend among companies, where there is a transfer of risk onto employees. It is imperative for both workers and employers to address these issues head-on and ensure that fair compensation and support are provided.
The Challenges Nurses Face with Clipboard Health
Unexpected Shift Cancellations and Pay Issues
One nurse, who wishes to remain anonymous, shared her experience with Clipboard Health. She was called in for an emergency shift through the app and headed to a facility in Wallingford, Conn. However, upon arrival, she was informed that the shift had been canceled. According to Clipboard Health’s own terms, nurses are still entitled to payment even when shifts are unexpectedly canceled. However, when the nurse reached out to Clipboard Health, she was met with resistance. They claimed that the shift had not been canceled and that verification couldn’t be obtained. As a result, the nurse found herself owed more than $530.
Frustrated by the lack of resolution, the nurse resorted to threatening to involve the Department of Labor. Only then did Clipboard Health finally pay her what she was owed. It is important to note that Clipboard Health declined to comment on these allegations.
Staff Nurses vs Non-Staff Nurses
The nurse in question continues to use similar services, preferring not to become a staff nurse. According to her, staff nurses are often underpaid and have to endure unfavorable conditions such as high patient-to-nurse ratios. Non-staff nurses, like herself, have the freedom to choose which facilities they work at. This means they can avoid settings where they feel uncomfortable or where patient safety might be compromised due to a heavy workload.
Patient Safety Concerns
The nurse emphasizes that an unusually heavy workload can lead to fatigue and potentially increase the likelihood of mistakes. Such mistakes can seriously jeopardize patient safety. The nurse stresses that this risk is amplified when healthcare professionals are working in an unfamiliar facility with residents they are not accustomed to. In such situations, it becomes imperative to recognize and address potential safety concerns.
Offloading Risk and Responsibility
Shelly Steward, the director of the Future of Work Initiative at the Aspen Institute, views the complaints against Clipboard Health as part of a larger trend. She observes that numerous companies, across different industries and employing various models, are increasingly offloading risk and responsibility onto workers. This places a significant burden on individuals working at different income levels.
In conclusion, the challenges faced by nurses in their interactions with Clipboard Health demonstrate wider issues within the healthcare industry. The trend of passing on risk and responsibility to workers has serious implications for patient safety and worker well-being. It is crucial for companies like Clipboard Health to address these concerns and ensure fair treatment for healthcare professionals.
The Challenges and Opportunities of a Decentralized Work Model
Introduction
In a recent interview, Steward spoke about the inherent difficulties in addressing issues when they arise within a decentralized work model. She highlighted that this model intentionally lacks an HR department, making it challenging to find direct support or assistance.
The Absence of Traditional Support
According to Steward, the absence of a centralized HR department means that there is no direct line to call or door to knock on when problems occur. This intentional design choice can create hurdles for employees seeking resolutions or support for various work-related issues.
Anticipated Future Trends
Steward also expressed her belief that this trend of decentralized work models will continue to grow. The driving force behind this growth is the potential profitability associated with such models and the increasing willingness to transfer more risks onto employees.
In conclusion, the decentralized work model offers both challenges and opportunities. While it may lack traditional support systems, its potential for financial gain makes it an attractive option for many. Nonetheless, it is important for organizations to find ways to address the difficulties that employees may face within this model.
