What are the minimum wage, overtime pay, and recordkeeping requirements for Home Care Agencies or Other Third Party Employers as of January 1, 2016

If you are employed as a direct care worker by a home care agency or other third party employer, effective January 1, 2016, you are required to be paid at least the federal minimum wage and overtime pay regardless of your duties. Direct care workers are workers who provide home care services, such as certified nursing assistants, home health aides, personal care aides, caregivers, and companions.

Also effective January 1, 2016, agencies and other third party employers may no longer claim the overtime pay exemption for live-in domestic service workers.

Minimum wage

The federal minimum wage is currently $7.25 an hour, though many states have their own minimum wage laws. When a worker is protected by both state and federal minimum wage laws, the worker is entitled to the higher minimum wage.


Workers who are covered under federal overtime pay protections must be paid at a rate not less than one and one-half times their regular rate of pay after 40 hours of work in a workweek.


For example, if a covered worker earns $10/hour and works 45 hours in a workweek, then the overtime rate is $15/hour and the worker must be paid $15/hour for the five hours of overtime work in that workweek. The worker would then earn $475 ($10 x 40 + $15 x 5) in that workweek.


You are also required to keep basic employee time and pay records for any nonexempt direct care worker you employ, including the hours they work.

IMG_3148If you feel that you have not been compensated for the hours you have worked you may call the law office for a FREE strictly confidential consultation about your claim for minimum wage or unpaid overtime wage violations at: (954) 948-8130. Or you can complete the simple form below for submission to us.  Please be advised that by merely submitting this form, no Attorney-Client relationship is formed with the law firm.   You must provide your name,  home or cell phone number, your email address and your zip code in the form.  We look forward to discussing your possible minimum wage and/or overtime pay violations claim. We are passionate about defending and enforcing workers’ rights for unpaid wages.