Home Health Care Rule and FLSA

Starting January 1, 2015 home care aides are not exempt from Wage and Overtime laws.  The Department of Labor released a press release discussing this wage and hour change as well as unveiling a new web portal with interactive tools.  The web portal for Home Care can be accessed here.

In the DOL’s press release, DOL stated,

This change will result in nearly two million direct care workers – such as home health aides, personal care aides and certified nursing assistants – receiving the same basic protections already provided to most U.S. workers.

The DOL also explained that this wage and hour new rule did not apply to companionship workers.  The DOL stated,

The final rule also clarifies that direct care workers who perform medically-related services for which training is typically a prerequisite are not companionship workers and therefore are entitled to the minimum wage and overtime.

And, in accordance with Congress’ initial intent, individual workers who are employed only by the person receiving services or that person’s family or household and engaged primarily in fellowship and protection (providing company, visiting or engaging in hobbies) and care incidental to those activities, will still be considered exempt from the FLSA’s minimum wage and overtime protections.

The final rule can be accessed here.

Advertisements

Leave a comment

Filed under employment, federal, regulations, rules, wage

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s