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FLSA to cover home health care workers in 2015

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in Human Resources,Overtime Labor Laws

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 the overtime exemption for live-in domestic service workers.

In-home care workers who are employed solely by families remain exempt from the Fair Labor Standard Act’s (FLSA) 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)

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