Tuesday, September 24, 2013

US Dept of Labor extends overtime and minimum wage protections to homecare workers

Effective January 1, 2015, most direct care workers will be required to receive federal minimum wage and overtime pay protections. Direct care workers are workers who provide home care services, such as certified nursing assistants, home health aides, personal care aides, caregivers, and companions.

The federal Department of Labor's Final Rule concerning domestic service workers under the Fair Labor Standards Act (FLSA) brings important minimum wage and overtime protection to the many workers who, by their service, enable individuals with disabilities and the elderly to continue to live independently in their homes and participate in their communities. The Final Rule, effective January 1, 2015, contains several significant changes from the prior regulations, including: (1) the tasks that comprise “companionship services” are more clearly defined; and (2) the exemptions for companionship services and live-in domestic service employees are limited to the individual, family, or household using the services; and (3) the recordkeeping requirements for employers of live-in domestic service employees are revised.

This rule makes no changes to the Department’s longstanding regulations concerning hours worked which are contained in 29 CFR 785.10-.45 about when the employee must be paid for time spent waiting, sleeping, and traveling.

For more information see the fact sheet from the DOL's Wage and Hour Division www.dol.gov/whd/regs/compliance/whdfsFinalRule.htm

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