There are nearly two million in-home healthcare workers in the U.S workforce. The current overtime law for in-home healthcare workers is that overtime wages are not required to be paid by the employer. However, on January 1, 2015 this will change with a new law that was passed by the Obama administration. Under the new rule, in-home healthcare employees will be will be entitled to overtime pay and covered under the Fair Labor Standards Act – the nation’s main wage and hour law.
The passing of the new rule was announced in September; however it will not take effect until January 2015. Generally after a regulation is issued it will take effect 60 days after. The administration has allowed for a delay so that families that use attendants, as well as state Medicaid programs have time to prepare.
In addition to in-home healthcare workers being eligible to receive overtime pay, the new rule will also extend the minimum wages. The current federal minimum wage is set at $7.25 an hour. Industry officials say that on average a home care worker typically earns $8.50 to $12.00 an hour.
In-home healthcare workers care for the elderly, disabled and chronically ill. Their duties include taking care of the basic health needs and personal needs of the patient including taking vital signs, giving medications, performing dressing changes as needed, bathing, grooming, cooking, grocery shopping, and more. They may work with only one client or have several clients.
These positions often require long work hours and many of times hours worked in excess of 40 hours in a work week. With this new law, in-home health care employees will receive the wage protections they deserve.
If you or someone you know is an in-home health care worker and your employer denies overtime wages as of January 1, 2015 you do have legal rights and may be able to pursue an unpaid overtime lawsuit claim. Many employers may purposely not inform their home care employees of this new law change so that they do not have to pay them overtime wages.
Therefore if you believe your employer is denying you overtime pay, call our top rated law firm today at (855) 754-2795. Our experienced and qualified legal team will provide you with a free, case review and will represent you under our No Win, No Fee Promise. This means there are no fees or legal costs until you receive a settlement or recovery. Call now to discuss your case and find out if you are eligible for an unpaid overtime lawsuit as an in-home healthcare worker.