Expanding Wage Protections for Home Health Aides

By Jack Newhouse

As the number of baby boomers entering retirement increases, so do the wages for many home healthcare workers.  The Department of Labor’s Final Rule, which went into effect on January 1, 2015, limits the “companionship services” exemption to the FLSA’s minimum wage and overtime requirements to home health aides directly employed by an individual, family, or household.  Those home health aides employed by a third-party, such as an agency or a hospital will now be entitled to minimum wage and overtime.  Although New York State law already required third-party employers to pay home health aides overtime compensation at 1.5 times the minimum wage rate, the Final Rule will increase the amount of overtime third-party employers must pay to 1.5 times the employee’s regular hourly wage.

For more on the Department of Labor’s Final Rule, see http://www.dol.gov/whd/regs/compliance/whdfsFinalRule.pdf

More From Our Blog

Employment Law

$860,000 Judgment for Construction Workers

By Jack Newhouse

V&A attorneys Jack Newhouse and Michele Moreno represented the workers.

Continue Reading
News

V&A Discusses Employee Rights in the Food Industry with Students at the Institute of Culinary Education

By Marta Nadgorska

V&A has been assisting workers with legal issues for years. For more information, check out our previous victories.

Continue Reading
News

New Jersey Passes Ban On Salary History For Job Applicants

By Kara Miller

Continuing the trend of worker protections, on July 25, 2019, New Jersey signed Assembly Bill 1094 into law, which will make it illegal...

Continue Reading