If you are a direct care worker who works for a home care agency or other type of third party employer, there were some changes that occurred on January 1, 2015, that could affect your pay and overtime. On that date, federal regulations changed and home care agencies are now required to pay employees at least the amount of federal minimum wage for the hours their employees have worked.
Throughout the year 2015, the California federal minimum wage is set at $9.00, with this amount going up to $10.00 on Jan. 1, 2016. The new regulations states that regardless of a direct care worker's duties, they are entitled to receive this federal minimum wage. Some examples of a direct care worker may include caregivers, companions, personal care aides, certified nursing assistants and home health aides.
In addition to the minimum wage regulation change, the government regulations for overtime have changed for direct care workers as well. This change in law now states that direct care workers are entitled to the same pay as other types of workers. This means that as a direct care worker, if you work over 40 hours in a workweek, you are entitled to pay at a rate that is not less than time and one-half of your regular rate of pay.
Individuals who believe that they didn't receive compensation for overtime hours worked, may have legal rights and couldn't be entitled to receive back-wages that they are due for this overtime. They may find it beneficial to learn more about the legal process on the website.