Yes. Personal care assistants 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. Personal care assistants 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.
Personal care assistants are often forced to work over 40 hours per week, but are denied overtime pay by their employer. For certain personal care assistants, this is a clear violation of federal overtime pay laws. Lawsuits are currently being filed against respite 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, personal care assistants employed directly by the patient or the family are still not entitled to overtime pay.
Contact Our Personal Care Assistant 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!