As America continues to age, the need for home care workers will continue to grow. If you work in the area of home care for the elderly, make sure your employer knows that you are now eligible for minimum wage and overtime pay. You have been entitled to this raise for over a year. Make sure your employer has been paying you with the correct hourly rate and appropriate overtime pay. Make sure your employer has not been breaking the wage law and violating your rights.
As of 2015, The Home Care Profession Is Covered Under the FLSA
In January of 2015, the home care profession was reclassified to be covered under the Fair Labor Standards Act (FLSA). This means that millions of home care workers across the nation should be enjoying the benefits and raises offered through this new reclassification. Prior to January 2015, home care workers were classified as “companionship services,” like babysitters and were exempt from minimum wage and overtime coverage.
The Fair Labor Standards Act is a federal law that determines the minimum wage, overtime pay eligibility, child labor standards, recording keeping and other issues affecting full-time and part-time workers in federal, state and local governments, as well as the private sector. Overtime-eligible employees must be compensated with overtime pay for all times worked over 40 hours in a single workweek.
Federal and state laws establish minimum wages to keep employees from receiving unfair compensation. The wages are set to help people make enough income to provide for themselves and their families. Minimum wages often vary by state and location. The cost of living is often higher in larger cities than smaller ones. The federal minimum wage is $7.25 and the New York State minimum wage is $9.00.
According to the New York State Department of Labor, employers should pay their employees as outlined below in this excerpt from the New York Minimum Wage Law. The Minimum Wage Act (Article 19 of the New York State Labor Law) requires that all employees in New York State receive at least $9.00 per hour. This includes domestic workers.
Regulations known as ‘Wage Orders’ (see details below) set certain requirements that are industry specific. The rates contained in these Wage Orders may differ from the general Minimum Wage rate.
In summary:
- As of December 31, 2015, the Minimum Wage for individuals working in the fast food industry is $10.50 per hour in New York City, and $9.75 per hour in the rest of the state.
- As of December 31, 2015, the Minimum Cash Wage for Tipped Workers in the Hospitality Industry is $7.50 per hour if they earn enough in tips.
- As of December 31, 2015, the Minimum Wage for other Tipped Workers is $7.65 per hour if they earn at least $1.35 per hour in tips, or $6.80 per hour if they earn at least $2.20 per hour in tips.
- As of December 31, 2015, the Minimum Wage for all other workers is $9.00 per hour.
For more information on the fast food industry, tipped workers, or minimum wage, please refer to the Wage Orders.
Click here to read more about New York State Minimum Wage Laws.
What To Do If You Are a Home Care Worker in NYC And Are Not Being Paid The Minimum Wage
If you are a New York home care worker and your employer is not paying you as least the minimum wage of $9.00 an hour, your employment rights are being violated. You should speak with a qualified employment attorney who can help you get the pay you deserve along with any back pay to which you might be entitled.
Please contact the Law Offices of Joseph & Norinsberg for your employment matters and concerns. Their lawyers will provide an honest assessment of the strengths and weaknesses of your case. If your case merits going to court, the attorneys at the Law Offices of Joseph & Norinsberg will work diligently to help you find the justice you deserve. Contact the Law Offices of Joseph & Norinsberg at (212) JUSTICE or at [email protected] for a free initial consultation.
