by Juliet Burgess and Emily Brodner, Burgess Law Group
For a Limited Time receive a FREE Compensation Market Analysis Report! Find out how much you should be paying to attract and retain the best applicants and employees, with customized information for your industry, location, and job. Get Your Report Now!
With the demand for homecare services continuously growing, in-home caregivers have become an integral part of the healthcare industry. However, under an exemption in the Fair Labor Standards Act (FLSA), these caregivers may not be entitled to the Act’s wage and overtime protections.
FLSA basics
Generally, the FLSA requires that employers pay all nonexempt employees at least the federal minimum wage for all hours worked in a workweek and overtime pay of not less than time and one-half an employee's regular rate for time worked over 40 hours in a workweek. The FLSA also provides exemptions from both minimum wage and overtime pay for employees meeting certain criteria (i.e., bona fide executive, administrative, professional, and outside sales employees; certain computer employees; etc.).
The law also exempts certain domestic service workers from its minimum wage and overtime provisions. Indeed, employers of casual babysitters and domestic service workers who provide “companionship services” for an elderly person or a person with an illness, an injury, or a disability aren’t required to pay minimum wage or overtime pay, provided certain regulatory requirements are met.
...
The Justice Department’s $1.776 billion “anti-weaponization” fund, which would pay out public money in compensation for alleged overreach in federal prosecutions, including for the insurrectionist...