Live-in health aides and elderly companions are often unpaid (improperly) for long hours and overnight stays. Here are a few key issues to be aware of.
Must in live-in home health aides and companions for the elderly be paid minimum wage and overtime?
Yes. Live-in home health aides and companions for the elderly who work in private residences must be paid minimum wage and overtime. Federal wage laws include exemptions for domestic service employees who provide companionship service. Massachusetts law, however, does not include that exemption. In Massachusetts, home health aides and live in companions must be paid minimum wage for all hours they work, and must be paid the overtime rate of 1.5 times their hourly wage for work over 40 hours per week.
What about the time I sleep at the house?
If you are required to sleep or be present at the house during certain hours, then you likely must be paid for all of that time. If you are totally relieved of your duties, and free to leave the house, but chose to remain, then you likely are not entitled to pay for that time.
If you have worked as a home health aid or companion and were not paid minimum wage or overtime, please send us an email at email@example.com or call us at (617) 390-7570 for a free confidential consultation.