DOMESTIC COMPANIONS FOR ELDERLY

Are direct care domestic workers entitled to FLSA minimum wage and overtime pay?

Posted on August 11, 2020 by Rose H. Robbins

Domestic service workers who are employed to provide companionship services to the elderly or disabled may be entitled to minimum wage and overtime pay in certain circumstances where the FLSA companionship exemption does not apply. The Department of Labor published a new rule effective January 1, 2015 for caregivers providing  companionship services to seniors and the disabled.  Find out if the companionship exemption applies in your situation or whether, instead,  you qualify for minimum wage and overtime. The following simple  4-question checklist may be helpful in understanding the caregiver labor laws.  You should consult an experienced employment FLSA lawyer to find out how these 4 points apply to your individual circumstances. The Law Office of Rose H. Robbins offers a free case analysis by telephone : (954) 946-8130

#1     Are you employed by anyone other than the person you assist or that person’s family or household (for instance, a home care agency or other entity)?

IF ANSWER YES:  You must receive at least the federal minimum wage and overtime pay if you are employed or jointly employed by any employer other than the person receiving your services or that person’s family or household. That other employer (an agency or non-profit organization) is responsible for ensuring that you receive the federal minimum wage and overtime pay for all hours worked. There’s no need for you to answer any further questions.

IF ANSWER NO: Then continue on.

#2     Do you provide domestic services that are primarily on behalf of other members of the household, such as doing laundry for another family member or preparing meals for someone other than the person being assisted?

IF ANSWER YES: You must be paid at least the federal minimum wage and overtime pay in any workweek when you perform domestic work that is primarily for the benefit of others besides the person being assisted. There’s no need for you to answer any further questions.

IF ANSWER NO: Then continue on.

#3     Do you provide medically related services that typically require and are performed by trained medical personnel? These are services that may be invasive, sterile, or otherwise require exercising medical judgment, such as assisting with tube feeding or catheter care.

IF ANSWER YES: You must be paid at least the federal minimum wage and overtime pay in any workweek when you perform medically related services that typically require trained medical personnel (like a licensed practical nurse, certified nurse assistant, etc.). Even if you haven’t had the required training or have a different job title, you are still covered by the minimum wage and overtime pay protections if performing these services. There’s no need for you to answer any further questions.

IF ANSWER NO: Then continue on.

#4    Do you spend more than 20% of your time in a workweek assisting with activities of daily living (ADLs) (such as dressing, grooming, feeding, bathing, toileting, and transferring) or instrumental activities of daily living (IADLs) (such as meal preparation, driving, light housework, managing finances, assisting with the physical taking of medications, and arranging medical care)?

IF ANSWER YES: You must be paid at least the federal minimum wage and overtime pay in any workweek when you spend more than 20% of your time assisting with activities of daily living (ADLs) or instrumental activities of daily living (IADLs).

IF ANSWER NO: Then you may not qualify for the federal minimum wage and overtime pay.

The determination of whether you qualify for FLSA minimum wage and overtime pay for companionship services to the elderly or disabled is best made by an experienced attorney. Call attorney Rose H. Robbins at (954) 946-8130 for a FREE  telephone consultation about your claim for minimum wage or overtime pay violations.

Or you can complete the simple contact form below for confidential submission to our office.  Please be advised that by merely submitting this form, no Attorney-Client relationship is formed with this law firm.   You must provide your name,  home or cell phone number, your email address and the zip code where you work on the form.  We serve the following South Florida counties: Broward, Highlands, Indian River, Martin, Miami-Dade, Monroe, Okeechobee, Palm Beach, and St. Lucie.