Due to the increased demand created by the aging baby boomer generation, home-care is the fastest growing occupation in the country. Home-care is also one of the lowest-paid occupations in the United States, thanks to federal laws exempting workers from wage and overtime requirements.
However, that is about to change. After months of legal challenges, the Chief Justice of the Supreme Court upheld the U.S. Department of Labor’s Home Care Final Rule.
This rule entitles home-care workers employed by third-party staffing services to minimum wage and overtime pay. According to an article from Breitbart, this rule will impact more than two million home-care workers. This rule only applies to workers employed by home-care companies and other third-party businesses. Unfortunately, it does not currently apply to workers employed independently by the families of the people for whom they provide home care.
Department of Labor enforcement of the rule began on November 12th, with the DOL exercising prosecutorial discretion in these matters until the end of the year, at which time the rule will be fully enforced and violators will be prosecuted.
What Does This Mean For Home-Care Workers?
If you are employed by a third-party home-care business or third-party staffing company, you should already be getting minimum wage and overtime pay.
But what if you are not?
Long shifts are common for home-care workers. If you are putting in extra hours but not getting overtime pay, you may be able to file a claim for unpaid overtime with the help of an experienced lawyer. Similarly, if you are not being paid minimum wage, you may be able to file a claim. You may be entitled to compensation for the pay you have missed.
The Law Office of Glenn D. Levy has decades of experience handling employment law claims on behalf of health care workers. Starting with a free consultation, they can help you explore your options for pursuing compensation.