One of the fastest growing career fields in the country is that of direct care workers as more and more elders hit the retirement age each year. It may come as an unwelcome surprise then that the United States Department of Labor (DOL) did not impose regulations of direct care worker wages and overtime pay rights until January of 2015.
A direct care worker is any employee who provides home care services, such as:
- Certified nursing technicians or assistants
- Home healthcare providers
- Personal care providers
Homecare workers who are official employees of a home care company or similar agency should automatically qualify to be paid federal or state minimum wage – whichever is greater – and earn overtime pay like any other hourly employee in the state. In Texas State (circa 2016), the minimum wage is $7.25 an hour and employees must earn at least 150% of their wage per hour if they work more than 40 hours in a work week for the same employer.
Homecare Workers Who May Not Qualify
As with all federal and state laws, there are exemptions in the DOL’s homecare worker wage and overtime pay right laws. If you are a homecare worker who is directly employed by the person you help, or their family, you are unlikely to earn wage and overtime pay rights. The same can be said if you are legally identified as an independent contractor. The extent of your expected duties while on the job can cause you to earn those rights, though, but it varies from case-to-case.
If you suspect that you should be earning minimum wage but are being paid below it, or if you think you should earn overtime but do not, it is time for you to contact Moore & Associates. Our Houston employment law attorneys have built a reputation for being capable of going toe-to-toe with unfair employers of all sizes, from large corporations like Chipotle to industry giants in the Texas oilfield scene. Call 713.581.9001 today to get your free initial case evaluation.