Do Home HealthCare Workers Qualify for Overtime?

Q: I heard that home healthcare workers will qualify for overtime soon. Is that true?

Yes. Beginning in January of 2015, home healthcare workers that work for a third-party agency will be subject to minimum wage and overtime regulations, and their employers will have to maintain records of the hours they work. These workers were formerly considered to be part of the FLSA Amendment of 1974 to provide “companionship services” for those unable to care for themselves. Labor advocates have pressed the Department of Labor for years to bring these workers within the FLSA regulations. This was successfully done through a new, more narrowly defined term of “companionship services” that encompasses certified nursing assistants, home health aides, personal care aides, and other similar caregivers. The important distinction is that only caregivers employed through a third-party agency will qualify for FLSA protection in 2015. Families that directly employ a home healthcare worker to care for their loved ones will maintain their exemption.

If you have any questions about this, please contact us.

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