Labor Department Seeks To Get Fair Wages For Home Care Workers
Generally, federal law provides that non-exempt employees are entitled to minimum wage and overtime pay for hours worked beyond 40 in a work week. However, in 1974 when Congress added domestic employees to those covered by the FLSA, it specifically exempted people who provide “companionship services.” The Department of Labor now seeks to review whether this should be changed.
Home health care workers comprise about 1.8 million workers – trained professionals often paid by Medicaid who don’t receive overtime. Currently, bills have been introduced in both the Senate and House to extend the FLSA to cover home health care workers and the DOL has announced that it will reexamine the companionship exemption. This process will begin with a comment period where everyone can present an opinion – pro or con. The DOL will then make a decision whether to change the exemption or not.
Interested parties can either make comments in person or call in.
Hopefully those interested in ensuring home-health care workers obtain the compensation they are entitled to will find a way to comment and influence the DOL. A recent article in the New York Times noted that “home care workers struggle too. Theirs is among the fastest-growing lowest-paid jobs in America…These need to be middle-class job.”
Workers deserve to be paid minimum wage and overtime. Hopefully the DOL will amend the FLSA to include home care workers.
If you are working in any job and believe you have not been paid all that you deserve, please contact the dedicated Atlanta wage and hour lawyers at Buckley & Klein, LLP for more information.
