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Entries in Companionship (1)

Friday
Dec162011
Posted on DateFriday, December 16, 2011 at 09:24AM

DOL To Eliminate FLSA Exemption For Certain Healthcare Workers

AuthorMatt Bahl

For over thirty years home healthcare workers have been exempt from overtime and minimum wage requirements under the Fair Labor Standards Act's ("FLSA") companionship exemption.  This week the U.S. Department of Labor ("DOL") announced that it plans to create new regulations that will extend federal overtime and wage protections to roughly two-million home healthcare workers.  Although most home healthcare workers earn at least minimum wage, many do not receive overtime compensation, including compensation for the time they spend traveling between patients' homes.  Some states, such as Maine, Massachusetts, New York, New Jersey, Pennsylvania, and Maryland, already provide home healthcare workers with minimum wage and overtime protections under state wage and hour laws.  Thus, the impact in those states will likely be less than in the vast majority of other states that do not have similar state wage and hour requirements.

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