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Healthcare worker files FLSA suit against Texas home care company

Many healthcare workers are paid on a salary basis and told by their employer that they are exempt from overtime pay. This simply is not the case. There are exemptions under the Fair Labor Standards Act for certain health workers, but usually these apply to learned professionals who have received advanced degrees.

Most employers who try to peg employees under Learned Professional exemptions usually cannot meet the requirements for these exemptions. There are several ways you could be getting shorted on your paycheck in the healthcare industry, such as automatic meal break deductions or working off the clock.

Read more: Are you suffering from wage theft as a healthcare worker? Five symptoms to diagnose your paycheck.

Case in Point
A former home health care worker recently filed a wage and hour against a Texas in-home care company for overtime pay.

The lawsuit was filed in the Eastern district of Texas and alleges that Exceptional Home Care, an in-home care company, did not pay a former employee time-and-a-half for working more than 40 hours a week. The former employee also claims that she did complain to the company about the overtime pay but the company did not address the issue.

Are you supposed to be paid overtime as a healthcare employee? Find out for free.
If you work over 40 hours a week in the health care or in-home care industry and you are not paid 1.5 times your regular rate of pay for those hours over 40 you should double check your exemption status. Contact our office to have a free review of your job duties by our employment lawyers.

FAQ:  I provide in-home care for elderly patients, but my employer tells me I am exempt form overtime under the companionship exemption. Is this true?