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Tag Archives: Minimum Wage

2014 Employment Law Predictions.

11 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Affirmative Action, Bullying, Criminal History, Employment Law, Gender Discrimination, Health Care Benefits, Health Reform, Internships, Medical Marijuana, Minimum Wage, Pregnancy Discrimination

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Arbitration Fairness Act, Background Checks, Donna Ballman, Employment Law, Family Act, Health Care, Internships, Legalized Marijuana, Minimum Wage, Pregnancy Discrimination, Screw You Guys I’m Going Home Blog

Donna’s Employment Law Predictions for 2014, by Donna Ballman, Screw You Guys, I’m Going Home Blog

http://tinyurl.com/mqokell

Minimum wage, legalized marijuana, health care, internships, background checks, pregnancy discrimination, and more. -CCE

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New FLSA Regulations for Home Health Care Employees.

21 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Elder Law, Employment Law, Fair Labor Standards Act, Home Health Care

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Care Givers, CNA, Companions, Employers Legal Resource Center, Home Health, Minimum Wage, Nurses, OSHA, Overtime

DOL Extends FLSA Protection to Home Care Aides, by okemployerlaw, Employers Legal Resource Center

http://tinyurl.com/kz5lp7k

Beginning January 1, 2015, new regulations under the Fair Labor Standards Act will require the home care industry to pay its employees minimum wage for hours worked up to 40 hours a week and overtime for a week over 40 hours. It will increase labor costs and could have an impact on the quality and availability of home health care. This except briefly outlines those changes.

Find more information by reading the entire post and FLSA’s Fact Sheet #25 at http://www.dol.gov/whd/regs/compliance/whdfs25.pdf.  -CCE

[U]nder the Fair Labor Standard Act, employers are required to pay employees minimum wage for hours worked up to 40 hours/week and time and half (overtime) for every hour worked over 40 hours/week. Two exemptions to this rule applicable to domestic services employment are the “companionship” exemption and the “live-in” exemption. The new rules narrowly interpret these exemptions thereby extending the FLSA protections to a host of in-home health care workers previously thought to be exempt, including certified nurse assistants (CNA), home health aides and personal care givers.

This Final Rule includes three (3) key changes that employers should be aware of. First, it narrowly defines the tasks that fall under the companionship exemption. Under the new rule, “companionship services” means providing fellowship and protection for an elderly person or person with an illness, injury or disability who requires assistance in caring for herself/himself. Fellowship and protection may include simply talking, playing games, accompanying the person to appointments or on walks, etc. The companion/employee also may directly provide “care” to the ill/elderly person (in addition to fellowship and protection) without losing the exemption, provided the “care” does not exceed 20% of the total hours worked by the employee in a given workweek. “Care” includes assisting with activities for daily living (dressing, grooming, feeding, bathing), and assisting with “instrumental activities of daily living” (meal preparation, driving, light housework, managing finances and physical taking of medications). If an employee spends greater than 20% of his or her time performing “care” in a given workweek, he or she is entitled to minimum wage and overtime. An employee performing medically-related services must be paid the minimum wage and is entitled to overtime.

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