Home Health Care Workers Entitled to Overtime

A proposed rule relating to Home Health Care Workers would amend the Fair Labor Standards Act (“FLSA”) to require that Home Health Care Workers be provided overtime compensation. The FLSA currently has a companionship exemption that prevents Home Health Care Workers from receiving overtime pay. The proposed rule would limit the companionship exemption only to households or families that are directly paying the Home Health Care Worker’s services. Therefore, staffing agencies that provide the home health care services would be prevented from claiming the exemption and would be required to pay time and a half for any hours worked over 40 hours per week.

If you are a Home Health Care Worker in New Jersey and believe you are entitled to overtime pay, please contact our NJ Employment Lawyers for a free consultation.

About the Author

Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.