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Home Care Worker Overtime Lawsuits: Wage & Hour Laws

Home Care Worker Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about home care workers:

What Is a Home Care Worker?

Home care workers, also known as home health aides, assist the elderly or persons with disabilities with daily living activities at the person’s home. Duties performed at a place of residence may include keeping house (making beds, doing laundry, washing dishes) and preparing meals.

What is the Salary Range for a Home Care Worker?

Depending on the work setting and state, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, 80% of personal care aides made between $17,310 to $29,760, with the average annual salary being approximately $21,920.

How Many Home Care Workers Are Nationally Employed?

According to the United States Department of Labor, employment estimate and mean wage estimates for personal care aides are as follows:

Employment Employment RSE* Mean Hourly Wage Mean Annual Wage Wage RSE
1,492,250 0.8% $10.92 $22,710 0.3%

*RSE: The relative standard error (RSE) is a measure of the reliability of a survey statistic. The smaller the relative standard error, the more precise the estimate.
According to the United States Department of Labor, the percentile wage estimates for a personal care aide is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $8.32 $9.22 $10.54 $11.95 $14.31

Where Are Most Home Care Workers Employed?

According to the United States Department of Labor, states with the highest employment level of personal care aides are as follows:

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
Texas 188,790 16.07 1.51 $8.95 $18,620
New York 156,830 17.24 1.62 $12.27 $25,510
California 144,310 9.04 0.85 $12.09 $25,150
Pennsylvania 92,040 16.01 1.51 $10.96 $22,810
Oregon 67,420 23.99 2.26 $11.83 $24,610

Home Care Worker Overtime Pay Lawsuit News

Related Home Care Worker Overtime Pay Lawsuit News

Thousands of Home Health Care Workers File Class Action Unpaid Overtime Lawsuit Against LA County

LOS ANGELES, CA — Thousands of current and former home health care workers hired by Los Angeles County have filed an enormous class action unpaid overtime lawsuit against the municipality and the state of California over claims that the defendants failed to properly compensate workers for all their time on the job.

Home Healthcare Worker Overtime Pay LawsFederal Judge Allows Home Healthcare Worker Class Action Overtime Pay Lawsuit to Continue

ST.LOUIS — A Missouri federal judge recently handed down a ruling allowing a class action unpaid overtime lawsuit brought by a group of home health care workers to proceed against the defendant, St. Louis based SSM Home Care, to recover the class’s lost wages.

Home Healthcare Nurse Overtime Pay LawerLancaster, Pennsylvania Man Files Class Action Overtime Pay Lawsuit on Behalf of Thousands of In-Home Nurses

LANCASTER — A Lancaster, Pennsylvania man recently filed a class action unpaid overtime lawsuit on behalf of himself and an estimate 22,000 other in-home nurses over allegations a state contractor committed rampant wage theft on the class.

Home Healthcare Unpaid Overtime LawyerLos Angeles City Attorney Files Injunction Against Home Health Care Company Over Unpaid Overtime Allegations

LOS ANGELES — The city attorney for LA recently filed a lawsuit, along with an injunction, against an area home health care provider over allegations the company engaged in rampant wage theft.

Home Health CareIllinois Home Health Care Workers Band Together to Recover Unpaid Overtime

CHICAGO — Four home health care workers for Centegra Health System recently came together to demand the defendant pay employees for all due wages by filing a class action overtime pay lawsuit against the company.

Read All Home Care Worker News on Overtime Pay Cases and Settlements

What is the Overtime Pay Rate for Home Care Workers?

The overtime pay rate for home healthcare workers does not exist because they are not entitled to overtime pay. However, starting January 1, 2015, a new act passed by the Obama administration will classify all home healthcare workers as “covered” under the Fair Labor Standards Act (FLSA). What this means for home health aides is that their employer is legally required to pay overtime wages for all hours worked after 40 in a single work week. The overtime rate of pay being one and one-half times their regular rate of pay.

To ensure that you will in fact receive overtime pay working as a home healthcare worker in 2015, you should discuss with your employer and ensure that they are aware of the new act that has passed. If your employer denies you such wages or fails to pay you the appropriate amount of overtime pay, you may be entitled to file an unpaid overtime lawsuit against them to recover all owed benefits.

Can a Home Care Worker File an Unpaid Overtime Lawsuit?

Currently, under the Fair Labor Standards Act (FLSA), an employer is not required to pay home healthcare workers overtime pay. Therefore, home health aides are not able to file an unpaid overtime lawsuit if they have worked over 40 hours and not received pay (there may be some exceptions, i.e., your employer had it written in your contract that you will receive such pay).

However, on January 1, 2015 that will all change as a new law was recently passed by President Obama. Staring on January 1, 2015, all home healthcare workers will be covered under the FLSA and eligible to receive wages for all overtime hours worked. This includes any home health aides, personal care aids and certified nursing assistants. Overtime hours is all hours spent working after 40 in a single work week. For these types of positions it is typical for an employee to work well over that amount of hours. Therefore, in 2015, if your employer has denied you such wages or failed to pay you the overtime pay you deserve, you need the help of an experienced and qualified unpaid overtime lawsuit attorney.

There are strict time limitations for filing a claim so it is important that you discuss your case in a timely manner. If you wait too long, you may lose your ability to recover some or all of your back pay. An experienced home health aide overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.

Some states have their own overtime pay laws that may be slightly different from the FLSA with respect to overtime pay for home care workers. An experienced overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked. There are strict time deadlines for filing lawsuits so it is essential that you contact an attorney immediately.

To determine whether you are eligible for filing a wage claim, contact our experienced home care worker overtime pay lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page. We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

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