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Overtime Legislative Update: Overtime Protections under FLSA for Home Health Care Aides

Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for above-the-bar-logo-no12.jpgWe previously wrote a Blog about home health care workers who filed a class-action lawsuit to recover unpaid wages. This post is an update regarding overtime wage protection for home health care aides.

The Department of Labor (“DOL”) is preparing proposed legislation to cover home health care aides and workers who provide companionship service. The legislation is expected to be introduced in late 2011. Home health aides are currently not protected by federal minimum wage and overtime laws. However; the home health aides are protected under New York State law and entitled to an industry specific overtime rate.

The Fair Standards Labor Act was enacted in the 1940’s and some argue that it is antiquated for today’s times and employees. Earlier this year, the DOL announced it would introduce legislative updates to provide more clarity and greater compliance to increase employment awareness among employees. As part of this update process, the DOL proposed introducing new legislative protections for live-in domestic employees and employees who are considered to be industrial home care workers under FLSA.

Our New York Overtime Attorneys protect employees throughout New York, New Jersey and Connecticut. Call us now for a no-cost telephone consultation.


Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

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