New Rules for Home Health Care Workers
Posted on: October 22nd, 2013

The Department of Labor recently set new regulations on how home healthcare workers are paid.  The new rules go into effect in January 2015.  Pursuant to current law, many home health workers are exempt from the requirements of the Fair Labor Standards Act under the “companionship” exemption.  Under this exemption, many home healthcare workers are not entitled to overtime.

However, the revised regulations will mean that many home healthcare workers will be entitled to overtime pay.  Exemptions from overtime pay still exist under the revised regulations, but these exemptions are not as wide-sweeping as the exemption found in current regulations.  A new “companionship services” test modifies the existing companionship services test making the standard a bit more difficult to meet in order to claim an exemption from federal wage and hour laws.  Additionally, the new regulations will make it all but impossible for home care staffing agencies to claim the exemption for “companionship services.”

The new regulations stand to drastically change the home healthcare industry.  If you need assistance on implementing the new regulations pertaining to home healthcare workers, the attorneys at the McCleskey Law Firm are ready to help.

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