UncleDave Posted May 2016
Earning under 47,476, guaranteeing salaried workers earning less than that will get overtime pay.
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Nearly all workers earning salaries beneath $47,476 threshold are entitled to time-and-a-half pay whenever they work more than 40 hours in a week.
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And BTW, is your concern for agency paid caregivers not getting OT?
holidays
meal breaks
suing for maltreatment
taking action to ensure our work place safety
private medical insurance in the event of an accident at work let alone
claiming against insurance for pain and suffering
no pension provision
Just for starters
(q)The key is the 40 hour work week. In law it's customary to hire someone for a 35 hour work week, and salaries are based on that, not on a 40 hour work week. That leaves room for impromptu overtime up to 5 hours, which isn't compensated.
35 hour work week ? Customary, where?
(q)I think he is just referring to the fact that most salaried workers who were exempt from overtime rules and regulations are now allowed to get overtime pay.
EXACTLY
(q)The downside is a company can lower the base salary of the employee to adjust for the new law
And they can hire added workers......
I didn't think about or know about workers who provide companion service. Our caregivers are not companions.
(q)Medically Related Services. The definition of companionship services does not include the provision of medically related services which are typically performed by trained personnel.
(q)Under the Final Rule, the determination of whether a task is medically related is based on whether the services typically require (and are performed by) trained personnel, such as registered nurses, licensed practical nurses, or certified nursing assistants. The determination is not based on the actual training or occupational title of the worker performing the services.
(q)Performance of medically related tasks during the workweek results in loss of the exemption and the employee is entitled to minimum wage and overtime pay for that workweek.
(q)Third Party Employers.
Under the Final Rule, third party employers of direct care workers (such as home care staffing agencies) are not permitted to claim either the exemption for companionship services or the exemption for live -in domestic service employees.
(q)Third party employers may not claim either exemption even when the employee is jointly employed by the third party employer and the individual, family, or household using the services.
(q) However, the individual, family, or household may claim any applicable exemption. The refore, even if there is another third party employer, the individual, family, or household will not be liable for unpaid wages under the FLSA provided the requirements of an applicable exemption are met.
So if you pay a person directly you are the employer.
However if you pay an agency to provide people and services pay a person directly you are NOT the employer.
In both cases, IMCO, you set the times and define the persons work week
People should be aware of the difference. If you hire direct you emerge yourself. in legal concerns, record keeping, insurance etc. Engaging a person from and agency places all that stuff on the agency (employer). If you are an employer of record you can be sued if you fire the person (sometimes). An agency takes on all manner of liabilities.
Many companies classifying employees as 1099 workers get in deep yogurt if they miss-classified the person as a contractor,
"agreements not reduced to writing, are NOT worth the paper they ain't written on."
{Q}We had a few agencies that refused to provide gloves anf safety items for their employees and it was in the contract signed that the patient was responsible for OSHA requirements.
These knowledge forums and so valuable. Internet contacts will ask: Who are you? Good question:) and Why do should I choose to join groups you participate in?
"You don't ask - you don't get ~ help" . There are groups of knowledgeable people in the vast world of the Internet. Identify the group and ask questions and they will help you.
Now retired and I have fun being the creator and Managing Director; "Mainzone Knowledge Network"
I agree with Writer Jane Ayres: "If I'm not learning, I'm not living."
{Q}Without reading closely the contract, most people dont know the responsibility they assume.
Now I must go and read the agency agreements serving my ADW.