Home healthcare aides often work long shifts at a clients’ home. Quite often, a home health aide will work in excess of a 40 hour work week but does not get paid overtime by the employer. This should change as the result of a new law starting January 1, 2015 under the Fair Labor Standards Act starting.
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 your home healthcare aide 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.
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!
Home Healthcare Aides Frequently Asked Questions
Do home healthcare aides get paid overtime pay?
What are the overtime laws for home healthcare aides?