With the approach of the retirement of a huge number of Baby Boomers, the home health care industry is quickly becoming one of the fastest-growing and most scrutinized young industries in the country. Among the features of the industry that might soon be changing is its exemption from overtime pay laws. There are valid arguments on both sides of the issue, and only time (and a healthy dose of politics) will decide the issue.
The Controversy
Since its solidification as a large-scale field of work, in-home care has been exempt from some of the laws that other employers and employees must follow. While this has given caregivers a great amount of flexibility in the way they are paid by clients and the way they record their work, it has also drawn the attention of some who claim that the employment rights of caregivers are not being protected. Some caregivers might find themselves working excessive hours under difficult conditions, with no promise of extra compensation in return.
View #1
Those advocating the removal of the industry’s exemption from overtime law say that the problem is clear: In-home caregivers should have the same protections that most other employees enjoy. Nurses, doctors, and even housecleaners receive overtime pay, and non-medical caregivers should get the same. In many cases, there is a concern that family members of seniors could take advantage of the exemption and ask caregivers to do more work, possibly on their own time, without paying them more.
View #2
The opposite side—including many members of the caregiving field itself—argue that the overtime exemption is important and valuable. It gives caregivers the liberty to do the job that needs to be done without keeping cumbersome logs. The nature of the job is so complicated that overtime does not work the way it does in other industries. For example, if a caregiver wants to take some of the client’s laundry home and do it there, would she have to log the time she spends doing it and claim overtime pay for it?
At this point, and certainly in the near future if these questions continue to swirl, in-home caregivers are in a legally murky situation. If you have confusion about what your rights are in your situation, let Valli, Kane & Vagnini help you figure it out. We look forward to meeting you and helping you with your legal needs.