Caring for someone who is incapable of taking care of himself can be difficult. Bathing and feeding the person while making sure that the house is in good shape is not only physically challenging, but mentally taxing as well.
Figuring out if you are entitled to overtime as a Houston home health care worker also can be difficult.
Under the Fair Labor Standards Act, home health care workers are exempt from overtime and not eligible to receive the federal minimum wage. This can be a tough fact to swallow, especially considering the time and effort it takes to care for another human being.
The Houston home health care overtime lawyers at Kennedy Law Firm want to point out that even if your title is “Home Health Care Worker,” you still could be entitled to overtime pay based on the duties you perform.
Many times the primary duty of a home health care worker is to provide companionship services. According to the FLSA, these services can include:
Providing care, fellowship, or protection to those who cannot care for themselves due to age or physical/mental inability;
General household chores.
Many home health care workers do not realize that if they are performing general household work for more than 20% of the time during any given week, they should be paid minimum wage and overtime pay for the hours exceeding 40 in one week.
Also, if the home health care worker is certified, he or she is entitled to minimum wage and overtime, regardless of the number of hours performed being a companion or doing general household work. These types of certified workers include:
Home health care aides
Certified nursing assistants
The FLSA also has specific requirements for the care of infants and children. If the infant or child you are caring for is not physically or mentally ill, then you are considered a babysitter and are not providing companion services. You therefore are entitled to minimum wage and overtime.
The best way for you to determine your rights under the Fair Labor Standards Act is to ask an experienced Texas attorney. Call the lawyers at Kennedy Law Firm today and we will provide you with a free case evaluation.