As of January 1, 2015, the overtime pay laws for caregivers will change. Currently, employers are not entitled to pay its workers overtime pay. However, caregivers will be entitled to overtime pay from their employers if they work more than 40 hours in a work week starting in the new year. The overtime pay rate should be one and one-half times the regular rate of pay.
According to the Department of Labor Wage and Hour Division, the new bill (4510-27-P), is a revision of 1975 regulations that reflect the changes to the home care industry and workforce that is not sufficient anymore. Caregivers are considered part of the home care industry.
(4510-27-P) states the following changes to the companionship service overtime pay laws:
a.) “Companionship services” means the provision of fellowship and protection for an elderly person or person with an illness, injury, or disability who requires assistance in caring for himself or herself. It also defines “fellowship” as engaging the person in social, physical, and mental activities and “protection” as being present with the person in his or her home, or to accompany the person when outside of the home, to monitor the person’s safety and well-being
b.) “Companionship services” includes the provision of care if the care is provided attendant to and in conjunction with the provision of fellowship and protection and if it does not exceed 20 percent of the total hours worked per person and per workweek. It defines “care” as assistance with activities of daily living and instrumental activities of daily living.
c.) “Companionship services” does not include general domestic services performed primarily for the benefit of other members of the household.
d.) “Companionship services” does not include the performance of medically related services, and it explains that the determination of whether the services performed are medically related is based on whether the services typically require and are performed by trained personnel, such as registered nurses, licensed practical nurses, or certified nursing assistants, regardless of the actual training or occupational title of the individual providing the services.
Visit http://www.dol.gov/whd/homecare/final_rule.pdf for more information on the new law.
The job responsibilities of a caregiver include, but are not limited to, helping clients or residents with the activities of daily living, performing personal care activities (hygiene, ambulation, eating, dressing, toileting and shaving), talking and giving company to clients and participate in resident activities, prepare hygienic meals and snacks and more. This often requires long hours and many caregivers are already working over 40 hours in a single work week.
At our top rated law firm, our overtime pay attorneys advise that before 2015 rolls around, caregivers should ensure that their employer is well aware of the new law and they in fact will receive overtime wages and benefits from their employer.
If your employer denies you such wages or fails to pay you the appropriate amount of overtime pay, you may be entitled to file a caregiver unpaid overtime lawsuit abd get back all wages owed, in addition to any liquidated damages and attorney fees.
For more information on caregiver overtime pay laws and to determine whether or not you have means to file a claim, call our award winning law firm today at (855) 754-2795. Our unpaid overtime lawsuit attorneys will represent you under our No Win, No Fee Promise which means no legal fees or costs until we win or settle your claim. Call now for your Free, No Obligation Case Review!