Personal care assistants often work long shifts at a client’s home, residence, or other living facility. Services provided include talking, watching, preparing meals, doing light housework, taking on errands and laundry. Services also include providing supervision and companionship to the client.
Quite often, a personal care assistant will work well in excess of a 40 hour work week but is not paid overtime by the employer. For certain assistants, this is a violation of Federal Overtime Pay Laws. Lawsuits are being filed to recover unpaid wages for workers who are being paid both on an hourly basis and for those who receive a salary.
Under a recent legal decision, the Companionship Services Exemption has been eliminated by the United States Department of Labor in connection with workers who work for third parties, such as home healthcare companies and hospice companies. Personal care assistants employed directly by the patient or family are not eligible for overtime pay.
Your eligibility for overtime pay depends on a number of factors, including whether your employer has classified your job title as exempt under the Companionship Services Exemption. If you believe your employer is denying your personal care assistant overtime pay, you should speak with our experienced overtime pay lawyers today.
Our Overtime Pay Lawyers can determine whether you are entitled to receive overtime wages now based upon your job description, job duties, rate of pay, and number of hours worked, and your job classification. There are strict time deadlines for filing lawsuits so it is essential that you contact an attorney immediately.
Your employer cannot fire you for requesting overtime or filing an unpaid overtime lawsuit. This is a violation of federal laws and would subject your employer to serious penalties.
Our experienced legal team will give you a Free, Confidential Case Review to determine if you were cheated out of overtime pay. If you have a claim, we will start your case immediately. We charge absolutely no legal fees until you receive your settlement and there are absolutely no costs whatsoever to start your claim.
Call us today at (855) 754-2795 to discuss your case right now with an overtime attorney!