According to a new FLSA rule, direct-care workers will be entitled to at least the federal minimum wage and overtime pay. The U.S. Department of Labor (DOL) stated that the change will affect nearly two million direct-care workers, such as
- home health aides
- personal care aides, and
- certified nursing assistants.
This means that minimum wage and overtime protections will be afforded to all direct-care workers employed by homecare agencies and other third parties.
Individual workers who are employed only by the person receiving services or that person’s family or household and engaged primarily in activities and protection (providing company, visiting, or engaging in hobbies) will still be considered exempt from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime protections.
Employers such as homecare staffing agencies will be required to keep employee time and pay records for any nonexempt direct-care worker they employ (such as live-in domestic service workers). Those workers also must be paid at least the federal minimum wage and provided overtime pay when worked. The DOL has created a web portal with information on the new rule.
