Please Read This First Before You Hire Help for Your Elderly
In its final decision, the United States Department of Labor has just extended the minimum wage and overtime rules to home care workers who give aid to the elderly. But these new rules (new protections) do not fully apply to all caregivers.
The rules differ between a caregiver that has been hired through an agency like 1Heart Caregiver Services and a caregiver that is hired directly by a client to care for his elderly parent(s).
“If you’re hiring a worker on your own, you need to know whether what you’re hiring them to do counts under the exemption,” says Catherine Ruckelshaus, legal co-director of the National Employment Law Project.
The new rules, effective Jan. 1, 2015, change how the companionship exemption rule, minimum wage and overtime works under the Fair Labor Standards Act.
The chart below courtesy of Homework Solutions indicate the types of tasks that count for companionship exemption. The chart classifies the task as either companionship care (√), incidental tasks permitted that cannot exceed 20% of the caregivers time (20%), and those that are excluded (EXCLUDED) and when required the caregiver cannot be classified as a companion.
Belina Calderon-Nernberg is the CEO and founder of 1Heart Caregiver Services. Recently offering 1Heart franchise business opportunities to the public, Belina provided the vision, leadership, and direction that the company needed to achieve its goal of making a positive difference in the homecare industry. As her greatest accomplishment, the company is now equipped with the expertise to expand its business operations to different States in the U.S. Belina brings with her a corporate experience of 25 years, with 15 solid years of experience as CEO of an employment agency and a senior care service company in Southern California. Belina has a Bachelor’s degree in Economics from the University of St. La Salle, Philippines. She has been the recipient of several awards given to emerging leaders in business, community service, arts, and entertainment. She has also been honored as an Ambassador of Goodwill by the HiFi (Historic Filipinotown) Neighborhood Council. This title is bestowed to carefully selected Filipino-Americans who are persons of integrity who have the ability “to promote, reach out, influence and mobilize public interest and support of the ideals, values, principles, and programs of the Historic Filipinotown.