For the first time ever, the more than two million Americans who work as in-home health-care workers are eligible for overtime premium pay under the federal wage and hour law.
For decades, persons employed as nurses, certified nurse aides, home health care aides, and other individuals providing home health care services within a patient’s home often fell under the “companionship services” exemption. This exemption permitted employers to escape the FLSA’s minimum wage and overtime requirements in connection with those workers.
However, the law has recently changed. As of Oct. 13, 2015, home health-care workers are fully protected by the Fair Labor Standards Act and are now entitled to overtime pay for time worked over 40 hours in a workweek. This also means that, if home health-care aides are not compensated according to the law, their employers can be held responsible for violating the law.
The Fair Labor Standards Act’s coverage is a much-needed change for home health-care workers, according to industry advocates, because they often work well in excess of 40 hours a week taking care of the elderly and disabled. And until now, many were not getting paid at time and a half for their overtime.
All domestic health care workers are entitled to be paid fairly and in compliance with state and federal labor laws. The attorneys in Sommers Schwartz’s Wage and Hour Litigation Group have handled hundreds of wage and overtime claims on behalf of domestic health care workers, and are ready to speak with you about any suspicions you have about overtime issues – contact us today.