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02 Sep 2015

Do direct support workers get paid overtime?

1 Comment

Yes. Direct support workers are entitled to overtime pay. We are often contacted by health care professionals who are under the impression they are not entitled to overtime pay. Direct support workers often work long hours in a client’s home, residence, or other living facility. They are responsible for talking, watching, preparing meals, doing housework, driving, and doing laundry. Sometimes services also include providing supervision and companionship for their client.

Direct support workers are often forced to work over 40 hours per week, but are denied overtime pay by their employer. For certain direct support workers, this is a clear violation of federal overtime pay laws. Lawsuits are currently being filed against direct support worker companies seeking to recover unpaid wages. You may be eligible to file a lawsuit regardless of whether you are a salaried employee or hourly employee.

In a recent legal decision, the Companionship Services Exemption has been removed by the United States Department of Labor. This revision in the law now makes it legal for home health care workers and hospice workers to recover unpaid overtime wages. However, direct support workers employed directly by the patient or the family are still not entitled to overtime pay.

Contact Our Direct Support Worker Overtime Pay Lawyers

Our expert overtime pay lawyers can determine if you are eligible to file a lawsuit to recover unpaid overtime wages. Call us today at (855) 754-2795 and an attorney will be available to speak with you about your situation. We do not charge any legal fees unless we accept your case and are able to recover a settlement for you. There is nothing to lose, so call our award winning overtime pay lawyers today!

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About the Author


Overtime Pay Law's experienced and qualified legal team provides free consultation on claims and will not charge any legal fees or costs unless they're successful in winning a settlement.

One Response to Do direct support workers get paid overtime?
  1. If you are working 24 hour shifts and being paid a flat rate for the whole 24 hours does this constitute
    Over time.? Because I think it should. A lot of companies are getting away with this in Missouri.


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