Caregiver Overtime

People who work in the nursing and home health industry have been in the news lately for lawsuits alleging such caregivers are not adequately paid for overtime. The rules governing in-home care workers, home health aides and other caregivers can be complex, but such workers may still be eligible for overtime pay, and if they have not received it, may be able to file a caregiver overtime lawsuit to obtain lost wages.

Under federal rules, home health aides may be classified as "companions" to elderly people or others who are unable to care for themselves, and are therefore exempt from typical labor rules, including overtime pay and minimum wage. Many states, however, have their own labor laws. In those states, caregivers may not be exempt from overtime pay or minimum wage requirements. As such, it is important to determine whether or not state labor law covers home health and personal care aides in minimum wage and overtime protections.

Under the Fair Labor Standards Act (FLSA), minimum wage and overtime protection are determined based on the type of services provided. Those who provide "companionship services" are not entitled to minimum wage or overtime under the FLSA. The FLSA defines companionship services as those provided for the care, fellowship and protection of people who cannot care for themselves due to advanced age or physical or mental infirmity. Included in the services are meal preparation, bed making, clothes washing and other similar services. If the employee spends more than 20 percent of total weekly hours in general household work, that employee should then be given minimum wage and overtime pay.

Individual states, however, may include companionship services offered by home health and personal care aides in their minimum wage and overtime protections, so employees must consider state labor laws when determining if they have been underpaid. Furthermore, employees should consider whether they spend more than 20 percent of their time performing general housekeeping duties.

In July 2012, workers for McMillan Home Care Agency won a $1 million settlement in their lawsuit, which alleged they were underpaid both hourly and for overtime work. Although federal law did not cover their right to minimum wage and overtime, New York state law, where the workers were employed, did include home health aides in minimum wage and overtime protections.

Also in 2012, a home health care overtime lawsuit was filed against Maxim Healthcare alleging the company violated the Ohio Minimum Fair Wage Standards Act (OMFWSA) in failing to pay employees overtime. According to the lawsuit, the plaintiff spent most of her time performing general housekeeping duties rather than providing patient care.

Caregiver Overtime Legal Help

If you or a loved one has suffered similar damages or injuries, please click the link below and your Overtime complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.

Last updated on Apr-13-16