2016 UPDATE: SCOTUS denies cert by home care associations challenging home health workers entitled to overtime wages and protections under the FLSA.
Our Ohio FLSA overtime attorney blogged in February about a change in the law called the “home care final rule” that entitled approximately 2 million home health workers to overtime pay, overturning an exemption that was outdated. For years, home health care companies profited off the backs of their employees who worked countless hours caring for the elderly, disabled, and others.
What does the new court ruling mean?
As stated in the prior blog, home health care employees were entitled to overtime wages and protections under the Fair Labor Standards act as non-exempt employees since the Appeals Court’s mandate on October 13, 2015. Although the DC Circuit Appeals Court ruled that the Department of Labor’s (“DOL”) new law was a valid exercise of the DOL’s power, the home care associations appealed to the Supreme Court of the United States (“SCOTUS”) to challenge the ruling. Today, SCOTUS denied cert and the law stands as drafted by the DOL. In other words, if you are a home care worker, you are entitled to overtime pay. If you have not received overtime pay (or time and a half) for all hours worked over 40, your employer has violated the law and you are entitled to the unpaid overtime wages and other damages, including attorney’s fees under the Fair Labor Standards Act (“FLSA”).
What should I do if I am a home health worker and my employer is not paying me overtime?
If you are a home health worker who is not receiving overtime wages for all hours worked over 40 per wee, you should contact an Ohio overtime attorney immediately. Your employer has been on notice of the new law since 2013. You should receive the compensation you are legally entitled to from your employer. If your employer is not paying you overtime compensation (or 1.5 times your regular hourly rate) for all hours worked over 40 per week, then it is violating federal and state law.
Contact our office for a FREE consultation if you have questions about the change in the law and how it affects you!
If you are a home health worker and you have questions about your entitlement to overtime wages, you should contact our office today to speak with an Ohio overtime attorney about your compensation. We have represented many other employees like you in their pursuit of unpaid overtime wages since the change in the law became effective. For any other questions about your rights to overtime as a home health worker, then you may contact our office for a FREE consultation with an Ohio wage and hour attorney by filling out the information on our contact page or calling 1-614-949-1181.