Posted on Monday, May 9, 2016 12:30 PM
There has been confusion in federal minimum wage and overtime law regarding “hours worked” and whether or not to exclude sleep time from this calculation. The sleep time standards have become a huge issue for home care.
On April 25, 2016, the U.S. Department of Labor, Wage and Hour Division (DoL) proposed a sleep time guidance focused on “domestic service.” The following guidelines were applied:
• An employer may exclude sleep time from the calculation of the number of hours worked
• An employee is entitled to be paid only for hours worked
• Overtime depends on the total number of hours worked
• DoL divides home care into three categories for purposes of the sleep time guidance: live-in employees; those who work shifts of 24 hours or more; and those who work shifts of 24 hours or less
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