Release of Home Care Guide for Consumers and Families
Since publication of the Home Care Final Rule, the Department of Labor has led an unprecedented implementation program to engage stakeholders and to help employers prepare for compliance. In this process, stakeholder questions indicated a need for additional guidance to help consumers and families who use home care services determine their responsibilities under the Fair Labor Standards Act (FLSA), the federal minimum wage and overtime law that applies to most home care workers.
The Department of Labor has issued Paying Minimum Wage and Overtime to Home Care Workers: A Guide for Consumers and their Families to the Fair Labor Standards Act. This user-friendly guide, developed with stakeholder input, explains who needs to follow the FLSA rules and how to follow them. The guide provides examples of situations involving hiring a home care worker directly, using a home care agency, and arranging care through a self-directed program. It discusses paid providers who are family members of the consumer and who are live-in workers.
The guide is now available on their website at https://www.dol.gov/whdlhomecarelhomecareguide.htm.
Ms. MacDonald’s practice is limited to Estate Planning, Probate and Trust Administration. Ms. MacDonald maintains her practice in the Santa Clarita Valley at 25115 Avenue Stanford, Suite A-209 in Valencia, California. She can be reached at 661-294-6464.
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