In December 2014, a federal district court judge ordered the U.S. Department of Labor (DOL) to delay the implementation of a federal regulation which would require home care workers receive minimum wage and overtime pay. The court’s order not only halted the implementation of the federal law, it also resulted in the temporary delay in similar state level legislation, as well. The DOL has appealed the decision and home care workers across the country have taken part in rallies in protest of the decision.
Home Care Workers and Overtime
Until the currently halted DOL regulation goes into effect, home care workers are not entitled to overtime pay under the Fair Labor Standards Act (FLSA). Nor are they guaranteed minimum wage. Under the FLSA, any employee providing domestic services or companionship services is exempt from both minimum wage and overtime laws because of the nature of home care workers’ responsibilities and the hours they work. Home care workers, particularly those who live on premises, frequently work more than 40 hours a week, but the hours they work often include appreciable downtime which can make it difficult to track “hours worked.”
Regulation On Appeal
The regulation currently on appeal in federal court was originally set to go into effect on January 1, 2015. The regulation clarifies and narrows the exemption under the FLSA so that the exemption would only apply to those who are hired by the individual or family in need of the home care services. The regulation would require state Medicaid programs and other third-party employers to pay in-home care workers minimum wage and overtime. When the regulation goes into effect, it is expected that nearly 20 million home care workers will receive wage and overtime protections. Some states have begun passing similar laws; however, many states are awaiting the final outcome of the appeal before enacting or drafting a law of their own, as are most employers.
Depending on which state you work in, you may be entitled to minimum wage and overtime pay as a home care worker. If you believe you live in one of those states, or if you have questions about whether you qualify as a home care worker, contact our overtime pay lawyers today. If you do have an overtime pay claim, time is limited for filing wage and overtime complaints so it is important to call today! Our top-rated team of overtime pay lawyers can be reached at (855) 754-2795. Or you may complete our Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.