Court Ruling Confirms That Third Party Employers Must Pay Home Health Workers Overtime
There are over 100,000 businesses employing over 2 million home care workers that provide home care to the elderly, infirm and severely injured or disabled. Since 1975, home health workers were exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). Recognizing that the nature of health care for elderly, ill and disabled patients has, over the years, shifted from hospital or facility to home based, the U.S. Department of Labor implemented a rule that was to be effective on January 1, 2015 that changed this exemption.