Home care workers are often required to work long and stressful hours at a clients’ house. Quite often, a home care worker will work in excess of a 40 hour work week but not be paid overtime wages by the employer. However, a new law passed recently allows home care aides coverage under the Fair Labor Standards Act starting January 1, 2015.
The new law defines care as assisting with the activities of daily living, like dressing, grooming, feeding or bathing, and assisting with “instrumental activities of daily living,” like meal preparation, driving, light housework, managing finances and assisting with the physical taking of medications.
However, there is a companionship exemption that does not apply if the aide or companion provides medically related services that are typically performed by trained personnel, like nurses or certified nursing assistants. Additionally, live-in domestic service workers who reside in the employer’s home and are employed by an individual, family or household are exempt from overtime pay, although they must be paid at least the federal minimum wage for all hours worked.
If you believe your employer is denying you overtime pay, then you should speak with an experienced overtime pay lawyer today. Our overtime pay lawyers can determine whether you are entitled to seek overtime wages now 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.
Filing an overtime pay lawsuit can provide you with significant compensation for your unpaid wages and often include payment of penalties, liquidated damages, interest, and attorney’s fees. Every day that you wait to speak with a home care worker overtime pay lawyer may be costing you significant money.
Our experienced and qualified legal team with provide you with a FREE CONSULTATION on your claim and if we accept your case, we will not charge any legal fees or costs unless we are successful in winning you a settlement. Call us today at (855) 754-2795 to discuss your case right now!