Last month, the U.S.
Supreme Court heard oral arguments in a case examining whether home healthcare aides
qualify for exemption from overtime under the federal Fair Labor Standards Act
(FLSA) or instead are entitled to overtime pay when working more than 40 hours
in a week.2 At issue in the case is
the FLSA’s “companionship exemption.” The U.S. Department of Labor, which enforces
the FLSA, asserts that this is a broad exemption, applying not only to
individuals who work directly for patients or their families but also to home
health aides and similar workers employed by third parties, such as agencies. A
federal court, however, recently decided that the exemption doesn’t apply, and
overtime must be paid, when the worker is employed by a third party. We’ll keep
you posted on this case’s status.
_
2 Long Island Care at
Home Ltd. v. Coke, U.S. Supreme Court No. 06-593
8
Paying Overtime: 10 Key Exemption Concepts
Only one thing really matters in the determination as to whether or not an employee is exempt: The duties the employee performs. Learn how to avoid costly, preventable mistakes with our free White Paper, Paying Overtime: 10 Key Exemption Concepts.