Home Health Aides and Fair Pay: Get the Facts

If you’re a home health aide or in a similar position like personal care aide or certified nursing assistant, etc. working 24-hour shifts, you might only be getting paid for 13 hours. But do you know why? And is that always fair or legal?

Let’s break it down.

What the Law Says

The Fair Labor Standards Act (FLSA) is a law that helps protect workers like you. It says:

· You must be paid at least minimum wage for all the hours you work.

· If you work more than 40 hours a week, you should get overtime pay at the rate of time-and-one-half your regular hourly rate.

What Is the “13-Hour Rule”?

If you work a 24-hour shift, your boss can pay you for only 13 hours — but only if:

· You get an 8 hour sleep period, and

· At least 5 of those hours are not interrupted by work, and

· You get 3 hours for meals, free from any work.

If you don’t get that full sleep or meal time due to work duties, such as a turning a bedbound patient or otherwise assisting your patient, you may be entitled to more pay.

What If You’re Not Getting Enough Sleep or Breaks?

If you must get up to help your client during the night or you don’t get your full meal breaks, you might be owed money. That’s because an employer may not deduct sleep or meal breaks from your pay for 24-hour shifts if you’re working more than 13 hours during those shifts.

What are some legal claims exist for Home Health Aides who don’t work 24-hour shifts?

Some claims for Home Health Workers and other similar positions include:

· Not being paid the overtime rate for hours over 40 in a week.

· Not being paid for travel time in between clients.

· Only being paid for scheduled hours even if you start early or stay late.

What Can You Do?

Many home health aides are speaking up. If you think your rights are being ignored, it’s okay to ask questions and get support.

Call us at 845-255-9370 or fill out the form for a free and confidential evaluation.  Se habla español.