Beginning Jan. 1, 2015, final regulations require staffing agencies and other third-party employers to pay minimum wages and overtime to home health care workers, including certified nursing assistants, home health aides, personal care aides, caregivers and certain companions.
In addition, staffing agencies and other third-party employers can no longer claim thefor live-in domestic service workers.
In-home care workers who are employed solely by families remain exempt from the Fair Labor Standard Act’s () minimum wage and overtime requirements. Contrast: In-home workers employed by third-party employers, or jointly by third-parties and families, are now covered under the FLSA. (78 F.R. 60453, 10-1-13)
Companionship services excluded. Companions for the aged and infirm are excluded from the FLSA and the final regs retain this exemption. To cover more workers under the FLSA, the regs tighten the definit...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- FLSA administrative exemption doesn't require employee to meet all examples in regulation
- Bill would theoretically overturn new overtime rule
- Is there a grace period for paying overtime?
- On the DOL's regulatory horizon: WHD rules, 'right to know'