New Labor Laws and Home Care

NEW LABOR LAWS & HOME CARE FLSA Revisions & Home Care Home care workers As of January 1, 2015, home workers: now covered by FLSA Must receive Must be paid minimum wage overtime when appropriate Must be covered Enjoy the same workplace rights as most other CA workers by workers' compensation insurance The Fair Labor Standards Act 101 The FLSA was Provides minimum Outlaws unfair enacted in 1938 wage, overtime protection competition via substandard wages Guarantees 1½ times pay for hours worked over 40 Initially didn't apply to home care workers For Home Care Workers: Who's Eligible? Must provide direct care Certified nursing assistants Home health aides Personal care aides Companions/Caregivers Must be employed by home care agency Employed by the Family? Protections and Responsibilities Depend on Duties Families with private caregivers now have obligations similar to agencies 20% of time must be spent on care rather than companionship Care = Meal prep, housework, errands, medical assistance %3D Directing or dictating caregiver duties, protocols, and schedule Families are also responsible for providing workers' compensation insurance, breaks, and PTO Industry Effects Privately employing a caregiver creates liability and risk for families Families may need more workers for full-time care Could cause cost of care to 24-hour care usually split increase, especially among franchise agencies into 12-hour shifts More part-time care workers 8-hour shifts may become norm to avoid overtime Industry may consolidate Will find little cost savings through private employment SOURCES: http://www.dol.gov/whd/homecare/ http://www.dol.gov/whd/homecare/faq.htm http://www.californiahealthline.org/insight/2014/new-over- time-law-has-farreaching-effects-on-home-health-care-industry http://www.nytimes.com/2013/09/18/business/us-to-in- clude-home-care-workers-in-wage-and-overtime-law.html PROVIDED BY: HOME CARE OF LA JOLLA wwW.HOMECARELAJOLLABLOG.COM