The U.S. Department of Labor (DOL) announced a final rule extending the Fair Labor Standards Act's minimum wage and overtime protections to most of the nation’s workers who provide home care assistance to elderly people and people with illnesses, injuries, or disabilities.
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Get Your Report Now!Today’s announcement extends minimum wage and overtime protections to all direct care workers employed by home care agencies and other third parties.
The final rule also clarifies that direct care workers who perform medically-related services for which training is typically a prerequisite are not companionship workers and therefore are entitled to the minimum wage and overtime. And, in accordance with Congress’ initial intent, individual workers who are employed only by the person receiving services or that person’s family or household and engaged primarily in fellowship and protection (providing company, visiting or engaging in hobbies) and care incidental to such activities, will still be considered exempt from the FLSA’s minimum wage and overtime protections.
Fifteen states already extend state minimum wage and overtime protections to direct care workers, and an additional six states and the District of Columbia mandate state minimum wage protections.
The rule will be effective January 1, 2015. The Department of Labor has created a new web portal with interactive web tools, fact sheets, and other materials to help families, other employers, and workers understand the new requirements.