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As of January 1, 2015, the Final Rule created under the Fair Labor Standards Act (FLSA) will require most direct care workers to receive federal minimum wage and overtime pay protections. Direct care workers are workers who provide home care services, such as home health aides, personal care aides, senior caregivers, and companions. The Final Rule contains several significant FLSA changes affecting caregivers and employers, including the following:<\/p>\n
1. The Department of Labor defines \u201ccompanionship services\u201d by the duties that home care services cover, including:<\/strong><\/p>\n The definition of companionship services does not include providing medically related services which are typically performed by trained personnel.<\/p>\n 2. Who can claim the overtime exemption?<\/strong><\/p>\n Exemptions for companionship services and live-in home care workers are limited to the individual, family, or household using the services. Third-party employers (home care agencies) will not be able to claim a minimum wage or overtime exemption. Workers are only exempt if they are employed solely by a home care recipient, that person\u2019s family member, or private household, and spends 20% or less of their weekly hours per care recipient on daily living activities.<\/p>\n 3. Recordkeeping requirements have been revised as follows:<\/strong><\/p>\n\n