Overtime Lawyer Blog

This past Wednesday marked the deadline to comment on the Department of Labor’s (DOL) proposed rule to amend the Fair Labor Standards Act (FLSA) to cover home health care workers.

Despite providing protections for nearly all U.S. employees who work for a wage, including ensuring workers receive minimum wage and overtime, a long-standing loophole has excluded “companionship” workers from receiving these protections.

When the act was approved, the exemptions were meant to apply to casual babysitters and companions for the elderly and sick, not workers whose primary job is providing home care. In 1974, Congress extended these wage protections (it did not include overtime however) to domestic workers but did not include “companions” for the elderly.

Currently, an estimated 2.5 million individuals work as home health care providers/personal assistants and stand to benefit from the amendment. The number of home health care providers is expected to significantly increase, as the U.S. population ages. If you have any wage and hour questions or are concerned that you are not receiving the pay that you deserve, it is important that you consult with an experienced Georgia wage and hour law firm to ensure your rights to fair pay are protected.

The currently proposed rule would extend the federal minimum wage and overtime protections to currently excluded home care workers--who are disproportionately female and of color. Labor Secretary Hilda Solis notes, "The care provided by in-home workers is crucial to the quality of life for many families … The vast majority of these workers are women, many of whom serve as the primary breadwinner for their families. This proposed regulation would ensure that their work is properly classified so they receive appropriate compensation and that employers who have been treating these workers fairly are no longer at a competitive disadvantage.”

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A former intern at the Charlie Rose show has filed a wage and hour lawsuit based on alleged violations of state wage laws similar to the Fair Labor Standards Act (FLSA) that require employers to pay interns who perform certain types of work.

Before you accept a position as an “unpaid intern” it is a good idea to consult with an experienced Georgia wage and hour lawyer who can determine whether you are entitled to compensation for your work.

According to the lawsuit, Lucy Bickerton worked 25-hours a week at the show performing a variety of tasks including providing background research for Mr. Rose about interview guests, assembling press packets, escorting guests through the studio, breaking down the interview set after daily filming and cleaning up the green room. “Despite the significant work they perform, ‘Charlie Rose’ interns are not compensated for any of their work,” the lawsuit said.

A representative commented that “Systematic violation of federal and state laws that coverage internships appears all too common at some media companies. More and more unpaid interns are standing up for their right to earn a wage for their work.”

Further, many employers who use unpaid internship are violating federal and state laws by having them do the jobs of employees without paying them for their work.

Internships are designed to be an educational experience that provides training – unpaid internships are only lawful in the context of a training program under which it’s possible that an employer doesn’t derive any benefit. It most situations where interns take the place of regular workers, they must be treated as employees and be paid.

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With spring approaching and summer not far off, employers and students begin thinking about summer jobs, including summer internships. Many employers have gotten in trouble for using “unpaid interns” as a way around paying hard working employees the wages they are entitled to. The good news is that employers are slowly recognizing that strict rules exist concerning when it is fair to offer an unpaid internship and that it may be a violation of the federal fair Labor Standards Act (FLSA) if they fail to pay adequate wages. According to a recent report although fewer internships may be offered, it’s more likely that they will be paid.

Before you look for an unpaid internship, or entry-level job, it is important to understand a few basic rules about what type of position may be properly categorized as an unpaid internship and when your employer is required to pay you for your work.

If you have any questions, it is always a good idea to consult with an experienced Atlanta wage and hour attorney to answer your wage and hour questions and ensure you receive the compensation you are entitled to.

The Department of Labor sets forth specific rules concerning when an internship can be unpaid. For example, where an internship is unpaid, the company must provide the individual training – the intern cannot just be working to benefit the company. In some cases, the employer may not derive any advantage from the activities of the intern; and on occasion its operations may actually be impeded. Additionally, it’s important that an intern not displace regular employees, but works under close supervision of existing staff.

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