The Department of Labor (DOL) has proposed several changes to the Fair Labor Standards Act (FLSA), particularly regarding exemptions and determining whether workers should be considered exempt or non-exempt. Exempt workers generally do not receive overtime pay, regardless of the number of hours worked, while non-exempt workers are entitled to overtime pay at a rate of one and one-half times their standard rate of pay for hours worked over 40 in a workweek.
In addition to the proposed changes, recent case law has clarified that only home health care workers employed directly by the person or the family they are caring for should be considered exempt. This means that workers hired through agencies or staffing companies and placed in a home may be entitled to FLSA benefits such as overtime pay and guaranteed minimum wage.
For more information about the FLSA or if you have any wage and hour questions, please contact the dedicated Atlanta wage and hour lawyers at Buckley Bala Wilson Mew LLP for an immediate case evaluation.