It was only recently that direct care workers, such as home health aides, became eligible for overtime compensation under the Fair Labor Standards Act.
On October 1, 2013, the U.S. Department of Labor issued the Home Care Final Rule ("Final Rule") to extend minimum wage and overtime protections to almost 2 million direct care workers, including home health aides, personal care aides, certified nursing assistants, and caregivers. The Final Rule was challenged in federal court, but on August 21, 2015, the District of Columbia Circuit Court of Appeals in Home Care Association of America v. Weil, 78 F.Supp. 3d 123 (D.C.Cir. 2015), issued a unanimous opinion affirming the validity of the Final Rule.
Under the Final Rule, as of January 1, 2015, companies that provide home health care services to customers are required to pay employees at least the federal minimum wage for all hours worked, and overtime compensation at the rate of one and one-half times their regular rate of pay for the hours they worked over 40 each workweek.
This new overtime regulation will apply to direct care workers if any of the following conditions are satisfied:
If you meet one of the categories above, you are entitled to overtime compensation at a rate of one and one-half times your regular rate of pay for all hours worked in excess of 40 hours in a workweek.
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