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12/15/11
In-home caregivers get FLSA protection
Filed under: General
Posted by: RPLaw Firm @ 12:45 pm

So many caregivers are underpaid due to exceptions and loopholes that permit employer to pay under minimum wage.  Hopefully, those days are over.

“The White House announced that the U.S.
Department of Labor’s Wage and Hour Division intends to publish a Notice of Proposed Rulemaking that would provide minimum
wage and overtime protections for nearly two million workers who provide
in-home care services for the elderly and infirm
. The proposal will
revise the companionship and live-in worker regulations under the Fair Labor
Standards Act to more clearly define the tasks that may be performed by an
exempt companion, and to limit the companionship exemption to companions employed
only by the family or household using the services. In addition, the Department
proposes that third party employers, such as in-home care staffing agencies,
could not claim the companionship exemption or the overtime exemption for
live-in domestic workers, even if the employee is jointly employed by the third
party and the family or household.”

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