Home Healthcare Workers are Entitled to Overtime Pay

Posted by Sean P. CecilJul 06, 20160 Comments

Long the subject of a terribly unfair rule that exempted them from such standard employment rights as overtime and minimum wage, home healthcare workers are among the worst treated of American workers. Home Healthcare workers hired through a third-party staffing agency have been exempted from those rules since 1974! The Obama administration attempted to remedy this injustice in 2013, and the result has been tied up in courts until last week, when the United States Supreme Court ruled that they would not hear further appeal (the administration's rulemaking prevailed in the court of appeals) effectively ratifying the rule. Home healthcare workers, including, nurses, certified nursing assistants, physical therapists, and others who provide services to the elderly and infirm to help keep them out of nursing homes, provide valuable services to some of our most vulnerable people, and it is high time they are paid what they deserve. 

Our firm has a long history of helping workers get paid what they earned through enforcement of the Fair Labor Standards Act or the North Carolina Wage & Hour Act. Workers who assert claims for minimum wage, overtime, or other earned compensation are also protected from retaliation. As a reminder, new FLSA regulations go into affect in December, and will require employers who claim employees are exempt from overtime must pay those employees at least the equivalent of $47,476.00 annual salary. 

Home healthcare workers who continue to be denied overtime and minimum wage should feel free to give us a call or fill out our online employment law inquiry form- Edelstein and Payne offers free consultations for claims of wage theft and other inquiries related to uncompensated labor.