Are Home Health Aides Entitled to Overtime?
Home health care aides in Palm Beach County may be entitled to overtime compensation if they work more than 40 hours in any given workweek. A recent decision by the Pennsylvania Supreme Court, though not binding in Florida, approved overtime payments to in-home nurses and may have an impact on similar workers throughout the country.
Palm Beach County has a large number of home health care aides and nurses working in people's homes, due in part to its large senior citizen population. While the person receiving the care typically sets the hours and controls the type of services provided, most times the nurse is employed directly by a large company. These companies pay the in-home nurse an hourly rate, and, at least according to the Pennsylvania ruling, should pay them time-and-a-half for working overtime.
Who gets overtime pay?
The Fair Labor Standards Act, or FLSA, is a set of federal laws that determine who is entitled to receive overtime pay. Some employees, such as those in managerial position or professionals like doctors, are exempt from the FLSA and are not eligible for overtime pay. When an employer fails to properly pay his employee overtime, they may be liable for the amount of unpaid overtime, an amount equal to that in liquidated damages and attorney's fees.
Home heatlh care agencies tell in-home nurses and aides where to be and when to be there. They control the aides' schedules and determine how they will be paid. Home health care aides are typically hard-working and good-hearted individuals. They won't say no to a client who asks them to stay late and won't complaint to their employers about not receiving overtime because theya re thankful to be working. But if they work more than 40 hours in a week, they may be entitled to additional compensation.
If you feel that you are entitled to overtime compensation or other unpaid wages from your employer, contact the Palm Beach County Wage and Hour Attorneys of Greenberg & Stone today for a free consultation.
