Currently, home caregivers are not entitled to overtime pay because they are defined as exempt by the Fair Labor Standards Act. However, President Obama recently approved a new bill (4510-27-P) that will allow home caregiver employees to receive overtime pay starting January 1, 2015.
It is not uncommon for a home caregiver to work over 40 hours in a single week due to their lengthy list of job duties. Typically, a home caregiver’s responsibilities include helping clients or residents with the activities of daily living, performing personal care activities (hygiene, ambulation, eating, dressing, toileting and shaving), talking and giving company to clients and participate in resident activities, prepare hygienic meals and snacks and more.
When 2015 begins, many employers may not be aware of the change in law or deny their employees overtime pay. However, home caregivers should understand that they will be entitled to such benefits under Federal Law (4510-27P).
(4510-27-P) states the following changes to the companionship service overtime pay laws (home caregivers are considered companionship service’s):
a.) Defined as providing fellowship and protection for an elderly person or person with an illness, injury, or disability who requires assistance in caring for himself or herself.
b.) Includes the provision of care if the care is provided attendant to and in conjunction with the provision of fellowship and protection and if it does not exceed 20 percent of the total hours worked per person and per workweek. It defines “care” as assistance with activities of daily living and instrumental activities of daily living.
c.) Performing general domestic services primarily for the benefit of other members of the household are not included. (i.e. laundering, cooking, cleaning, etc.)
d.) Helping with medical related services are not included.
To learn more about the new overtime pay laws that will effect home care givers visit http://www.dol.gov/whd/homecare/final_rule.pdf
Our unpaid overtime lawsuit attorneys actively represent working individuals who have been denied overtime wages from their employer. If your employer denies you such wages or fails to pay you the appropriate amount of overtime pay in 2015, you may be entitled to file a home caregiver unpaid overtime lawsuit and get back all wages owed, in addition to any liquidated damages and attorney fees.
It is in your best interest to contact one of our top rated unpaid overtime law attorneys to discuss your case and learn what your legal rights are as a home caregiver. Call today for your Free, No Obligation Case Review at (855) 754-2795 and determine whether or not you have a possible claim against your employer.