Posted on Monday, January 18, 2021

The U.S. Department of Labor (DOL) wrote an opinion statement allowing home care agencies to offer consistent shift rates that include pre-payment of overtime for caregivers who provide live-in services.

“[Live-in caregivers] were paid a flat day-rate, and there wasn’t a lot of concern or consideration as to how many hours they were actually working,” said Angelo Spinola, co-chair of the home health and home care industry group at law firm Littler Mendelson.

“More than ever, this industry has been working together on these sorts of projects to proactively attack and address issues that have hounded the industry for years,” he said. “This was a small group of providers that pooled resources to achieve this result that will be useful and helpful for the entire industry. We are seeing that in multiple states.”

. “The law changed. But the industry didn’t change for a while, and you still have companies that are unaware of what it is that they need to do to be compliant.”

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