I provide in-home care for elderly patients, but my employer tells me I am exempt form overtime under the companionship exemption. Is this true?

If you are an in-home caregiver you may have heard of the companionship exemption in the Fair Labor Standards Act

Home health workers provide important services to the elderly and infirm, but currently, many home care providers earn less than minimum wage and no overtime pay.

If you work as a professional in-home caregiver for a healthcare company you may have heard of the companionship exemption under the Fair Labor Standards Act.

In 1974, the FLSA was changed to include an overtime exemption for domestic service workers, but this also created the companionship services exemption, exempting in-home care workers from receiving overtime pay. This is an exemption that many home care workers are classified under, yet it is not necessarily applied correctly.

Congress recently proposed a change to the law and if enacted, the proposal would extend coverage of minimum wage and overtime pay to professional caregivers. The proposal would cover almost 2 million in-home caregivers.

Call our employment lawyers to determine if you’ve been misclassified in the healthcare industry. We have represented many clients, including nurses, in wage and overtime claims nationwide.

Read more: New White House proposal would extend minimum wage, overtime to 2 million in-home caregivers

Galvin B. Kennedy
Galvin Kennedy is a founding partner of Kennedy Hodges. He focuses his practice to overtime and wage claims.