This week the US Department of Labor issued a ruling that will make it possible for home health care workers to be eligible to receive minimum wage and overtime wages beginning January 1, 2015.
These workers, who take care of the elderly and ill, and generally contract through agencies, previously were denied the right to receive minimum wages and overtime wages under federal laws by exemptions contained in the law's regulations. Now, home health care workers who contract through agencies and are assigned by the agencies to take care of the elderly and ill may be entitled to receive minimum wages and overtime wages under federal laws.
The new rules benefit home health care workers by more narrowly defining what falls under the companionship exemption and allow only families who contract directly with home health care workers to claim the exemption if the services provided are limited to fellowship and protection.
Home health care workers are entitled to receive minimum wages and overtime wages under many state laws. If you are a home health care worker and do not receive minimum wages or overtime wages, you should contact the lawyers at Alan Lescht and Associates, PC (202) 463-6036, for a free consultation.