Home healthcare workers dedicate themselves to enhancing the quality of life for others. It is a noble calling. However, these employees frequently work long hours and sacrifice personal time. When they encounter minimum wage disputes, it affects their livelihood. At Georgia Wage Lawyers, we strive to provide compassionate legal guidance and support for wage disputes. Our team helps them navigate through these challenging situations and seek the fair compensation they deserve. You deserve to be paid fairly for the essential care you provide to your clients. Our team of experienced overtime attorneys for home healthcare workers is here to fight for your rights and ensure that you receive the compensation you deserve.

What Rights Do Home Healthcare Employees Have?

Home healthcare staff play a large role in supporting individuals who require assistance with daily living. Yet, many face challenges when it comes to receiving fair compensation for their work. Despite their critical work, they often encounter wage and hour violations from their employers. 

If you are employed solely by an individual and only perform certain duties, the companionship FLSA exemption may apply. However, most such persons are now employed through various home health care services. The U.S. Department of Labor revised its home health care worker regulations in 2015. Under that revised regulation, third-party employers, such as home care agencies, must pay overtime for live-in domestic service workers, and must pay such workers at least the federal minimum wage for all hours worked and overtime pay at one and a half times the regular rate of pay for all hours worked over 40 in a workweek, even if the worker is jointly employed by the household.

Minimum Wage 

Under the Fair Labor Standards Act (FLSA), they are entitled to minimum wage protections. This means that they should be paid at least the federal minimum wage for all hours worked. Minimum wage disputes are a significant concern for home care professionals who provide vital services to vulnerable individuals. Furthermore, these dedicated caregivers often face challenges in receiving fair compensation. Some common violations faced by home healthcare workers include:

  • Uncompensated travel time
  • Misclassification as independent contractors: 
  • Uncompensated work hours
  • Failure to provide overtime pay

At Georgia Wage Lawyers, we understand the importance of addressing minimum wage disputes for home care professionals to ensure they receive just compensation for their valuable contributions. Through diligent advocacy and legal expertise, we stand ready to assist home care workers in asserting their rights and seeking remedies for minimum wage violations.

Uncompensated Travel Time

One of the more common problems we encounter is when travel time is not counted as time worked.  Commuting time–defined as travel time from your home to the first job of the day and then from your last job of the day back home–is not part of your legal working time.  However, time spent traveling from one visit to the next is part of your legal working time. There are some exceptions: Commuting time is compensable if you are responsible for driving others to or from a job; Commuting time is compensable if you have to do some significant amount of work (like reports or organizing paperwork) before you leave home. Commuting time is also compensable if you perform work during the commute (such as making work phone calls or dictating reports). 

Misclassification as an Independent Contractor

Home health care works are often misclassified as an independent contractor (1099)rather than as an employee (W2). If you believe you are owed minimum wage or overtime, don’t hesitate to contact us to discuss even if you are formally classified as a contractor. 

Unpaid Overtime

Overtime violations against home health care workers are unfortunately common, yet they are often overlooked or ignored. These dedicated professionals provide vital care to individuals in need, often working long hours to ensure their patients receive the support they require. However, many home health care workers are not properly compensated for their overtime hours, leading to significant financial losses. Addressing these violations quickly with an attorney is crucial to ensure that home health care workers receive the wages they deserve. At Georgia Wage Lawyers, we understand the challenges faced by home health care workers and are committed to advocating for their rights. 

Seeking Recovery 

We’ll assist you in pursuing various types of damages, including unpaid wages, overtime pay, minimum wage violations, and liquidated damages for employer violations. We will thoroughly investigate your case, gather evidence, and advocate on your behalf to maximize your recovery. Whether you have been denied rightful compensation, subjected to unlawful deductions, or experienced other violations of wage and hour laws, we are here to fight for your rights and ensure that you receive the full measure of damages available under the law.

How Our Team Can Help 

If you’re a home healthcare worker experiencing wage and hour violations, our team of experienced attorneys is here to help. We will review your employment situation, including your work hours, pay records, and employment classification. Our team will determine if any violations have occurred. From there, we will work tirelessly to pursue justice on your behalf and ensure that you receive the full compensation you are owed.

100% Free Consultation 

Firstly, we offer free initial consultations to discuss your case and provide you with an assessment of your legal options.

Client-Centered Approach

Additionally, our team prioritizes your needs and concerns, providing personalized attention and tailored solutions to your unique case.

Wage and Hour Expertise

Finally, we utilize our decades of experience for your case.  Our attorneys possess in-depth knowledge and expertise in wage and hour laws, including the Fair Labor Standards Act (FLSA) and state regulations.

Contact Our Team Today

Don’t let your employer take advantage of you. If you’re a home healthcare worker experiencing wage and hour violations, contact our team of experienced wage attorneys today. We’re here to help you protect your rights and get the fair compensation you deserve for your hard work.Want more information on our firm? Check out our reviews page to get details on our clients’ experiences.