Medicare is supposed to provide up to 35 hours a week of home care to those who qualify, but many Medicare patients with chro...Read more
New Rules Would Give Home Health Care Workers Wage Protections
- May 17th, 2013
The Obama Administration has proposed new rules to give home health workers minimum wage and overtime protections. Under the current law, home health care workers are considered companions and are exempted from minimum wage laws.
The home health care worker exemption (called the companionship exemption) was put into place in 1974 to allow family and friends to provide care without worrying about minimum wage and overtime provisions. However, since the exemption was added to the law, the home health care industry has grown. According to an article in the New York Times, 90 percent of home health care workers work for agencies. While most of these workers receive at least the minimum wage, many do not receive overtime pay if they work for more than 40 hours a week.
Local Elder Law Attorneys in Ashburn, VA
Felinton Elder Law & Estate Planning Centers
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
Farr Law Firm
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
The proposed new rule would amend the companionship exemption so that it does not apply to home care workers who are employed by third parties or to home care professionals employed directly by families. It would still exempt casual babysitters and caregivers. The Department of Labor is considering comments before it issues the final rule; comments are due by March 21, 2012.
The home health care industry has been fighting the rule, arguing it would affect quality of care. USA Today reported that home health care industry officials claim changing the rule will result in cuts to workers' hours and could force seniors into nursing homes. Proponents of the rule argue these workers should have the same protections as other workers and that increased wages will result in lower turnover rates.
To learn more about the proposed rule change, click here.
Last Modified: 05/17/2013