Home Health Aides/ Caregivers
Most home health aides and caregivers are entitled to overtime pay. Overtime should be paid at time-and-a-half one's regular rate of pay for all hours worked over 40 in a week. Instead of paying the proper overtime rates, many home health companies pay their home health aides and caregivers the same hourly rate (known as straight time) for every hour worked over 40. Also, home health companies sometimes don't count all hours worked or force workers to work "off the clock."
Work time, for purposes of overtime calculations, is more than just the time spent with patients. Work time also includes driving from one patient's home to the next. Time spent performing paperwork also is considered work time.
Several states have overtime laws that require home health companies to pay their home health aides and caregivers time-and-a-half for all hours worked over 40 in a week. Also, new federal regulations are in the process of ensuring that home health aides and caregivers nationwide will be entitled to overtime pay at time-and-a-half under federal law. Click here to visit the Department of Labor's website for more information on the changing regulations.
We are glad to discuss whether overtime laws protecting home health aides and caregivers apply to you. Call us for a free, confidential evaluation of your claim.