Minimum Wage and Overtime Provisions Extended to Home Health Care Workers Beginning January 1, 2015

 

On September 17, 2013, the U.S. Department of Labor (DOL) announced that minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA) will be extended to home health care workers beginning January 1, 2015.

With this change, an estimated two million home health aides, personal aides, and certified nursing assistants employed by home health care organizations will become covered. Home health aides employed only by the person receiving services or that person’s family will remain exempt from the FLSA. The final rule clarifies that direct care workers who perform medically related services that require training are not considered companionship workers and will be entitled to minimum wage and overtime.  

To assist employers and others to understand these requirements, the DOL has created a web portal at http://www.dol.gov/whd/homecare/ with web tools, fact sheets, and other materials. MSEC will also be offering assistance to members on compliance with the new rule. The DOL announcement is available here, and the new final rule is available here.