Employeer doesn't pay overtime?

[Kristin36]

What is the name of your state? INDIANA

I work for a Home Health company that is really just a privately owned business (she runs it out of her home). She has roughly 40 employees. I have been told by other employees that she doesn't/won't pay overtime for anyone that works over 40 hours. Under the new (or old for that matter) law, is this legal? Thank you.

 

[Beth3]

The Fair Labor Standards Act allows some professions in the health care industry to be paid OT on the basis of time worked over 80 hours in a two week period (rather than 40 in each week.) That may or may not apply to your situation. You probably should contact your State's Department of Labor to discuss this.

 

[cbg]

In any case, it is your job duties which determine whether or not OT is mandatory under both the old and the new laws. Since you did not give any clue as to what those duties are, we cannot answer your question.

 

[Kristin36]

Thank you Beth. I will check with them. She pays us every week, so I'm not sure how the 'over 80' would apply in this situation.

I'm sorry CBG. Companion. Basically, assisting people with "activities of daily living" baths, feeding and/or cooking, light housework, laundry, keeping them safe and just all around helping them with whatever they need in order to live a productive life as possible while being home bound. I hope that makes sense.

 

[cbg]

It seems to me that under the old regs, there was an exemption that dealt with that sort of thing but I'll have to look and see first, if I'm remembering it correctly (I never had to deal with it personally so I may not be) and secondly, if I am, whether it carried over to the new regs. Give me a couple hours; I'll get back to you.

 

[Kristin36]

Thank you. I really appreciate your help. These new laws really confuse me. My husband is a team leader/welder in a large company, hourly, and we are still trying to figure out if he is still eligible for OT as well. *sigh*

 

[Beth3]

Based on his job title (which seems in this case to be a fair indication of his job duties), yes, your husband should receive OT pay UNLESS he has full-fledged supervisory duties and that is what he spends the majority of his time doing. "Team leader" is a pretty vague term but in a manufacturing environment, it almost always means the most technically knowledgeable individual on the equipment/process who is the "go to guy" for questions from other operators, may assign or schedule work, perform machine set-ups, do material handling, etc. If that's what he does, then he's definitely non-exempt and must be paid for his OT.

 

[cbg]

Kristen, although there is an exemption for "companions to the elderly" my interpretation of this would NOT include home health workers. It does, however, appear to be something of a grey area and may be why your supervisor is under the impression that OT need not be paid. My suggestion would be that you contact the US DOL, describe to them EXACTLY what you do and how you do it, and get an opinion from them. I don't think this is one that can be handled on a message forum. Sorry I couldn't be of more help.

 

[Kristin36]

Thank you Beth. That is exactly what he does. We were certain that he should still receive OT, and you have helped us. We went to the labor board 'fair pay' site and that's what we figured it to be.

cbg...I truly appreciate your time, effort and assistance. I will contact them to find out.