Home Health Aides Seek Unpaid Overtime

Along with Bohrer Brady, LLC, Kimble Law has filed suit on behalf of  home health care workers at A-1 Preferred Sources and related entities in the Columbus, Ohio area. The plaintiff seeks to represent a class of similarly situated home health care workers who she alleges were denied overtime wages when they worked in excess of 40 hours per week.

As we have discussed on this blog before, as of January 2015, the U.S. Department of Labor prohibits third-party employers from denying overtime wages by relying on the “companionship” exemption of the Fair Labor Standards Act. As a result, the plaintiff alleges that caregivers who work at A-1 are entitled to time and one-half their regular hourly rate for hours worked in excess of 40 per workweek.

If you work as a home health aide but your employer does not pay overtime, contact Kimble Law for a free consultation at 614-636-0509.

Read the Class Action Complaint here.

D.C. Court of Appeals Upholds Department of Labor Regulations Granting Minimum Wage and Overtime to Home Care Workers

By Andrew Kimble

A three-judge panel on the U.S. Court of Appeals for the District of Columbia upheld recent Department of Labor regulations today that extend FLSA minimum wage and overtime protections to home care workers who work for third-party companies.  Read the opinion here: Home Care Association v. Weil.

Until recently, the Department of Labor considered live-in home care workers and workers providing “companionship services” to be exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, no matter if they were employed directly by the individual or family to whom they provided services or by a third-party provider.   In 2013, the DOL adopted regulations stating that third-party providers could “no longer avail” themselves of this exemption, and therefore live-in home care workers and those providing “companionship services” were entitled to minimum wage and overtime.  The DOL reasoned, among other things, that the nature of the home care industry had changed since the previous regulations were adopted in 1975.  Demand for long term home care has grown exponentially, with fewer families opting for institutionalized care, and technological advances allowing for more complex care to take place in the home.  As a result, it is rare today for families or individuals in need of home care services to hire and employ home care workers directly.  Instead, they contract for services through third-party providers.

Before the new regulations were implemented on January 1, 2015, Home Care Association v. Weil was filed in a D.C. district court, challenging the DOL’s authority to implement the regulations.  In 2014, the lower court agreed with the third-party provider-plaintiffs, invalidating the DOL regulations on the grounds that they contradicted the terms of the FLSA.

Today, however, the Court of Appeals reversed and remanded the lower court’s decision in favor of the Department of Labor.  Circuit Judge Sri Srinivasan explained that the specific issue of whether the exemption applied to employees of third-party providers was “among the  details that the statute leaves the agency to work out.”  He continued to conclude that the agency’s interpretation was reasonable in light of the changes in the industry.  The court also analyzed states in which state law already required these employees to be paid overtime, and concluded that it has not caused a significant increase in the cost of home care or the usage of institutionalize care.

The decision is a major victory for home care workers who work for third-party providers around the U.S., who will be entitled to the full protections of the FLSA after the new regulations are implemented.  If you are a home care worker for a third-party provider and you are denied minimum wage or overtime, contact an employment attorney to better understand your rights.