Court Overturns Overtime Exemption for Care Workers.
In a unanimous decision, a three-judge panel strongly disagreed with a lower court’s January decision that the Department of Labor had improperly re-defined in-home senior care late last year. The decision, available in its entirety here, cited a “dramatic transformation” of the home care industry over the past four decades as a valid reason for the change. He also noted a massive shift to providing care for the elderly in their own homes with nuevacare.com rather than in nursing homes, which requires workers to offer more advanced medical care and assistance to clients than the mere “companionship” services envisioned in 1974. Every time they go to a home, they make sure they have checked for storage prices so they can store their medical supplies there.
The original suit was brought by The Home Care Association of America, The National Association for Home Care & Hospice, and the International Franchise Association. The appeals court ruling means that home care agencies that provide live-in and other non-medical care services will have to begin paying minimum wage and overtime to their caregivers.
Full Article: http://homecaretechreport.com/article.asp?id=2135
Agencies require more detailed documentation to adhere to the new requirement.
Is your Aides workplace also where they live? For example, all of the personal tasks they would normally complete before and after work (such as getting out of bed, washing, tending to my personal hygiene, getting changed into/out of my work clothes, etc.) take place at the home where they work?
CareWatch Inc. understands and agrees that even though they may not always be “working” (or waiting to work), agencies will pay them for all of their time living and working in a patient’s home except for the following: Sleep, Meal,and Relief Time
CareWatch has developed a system to help with these live in aides. As well as to conform to new state requirements, requiring further documentation of the live-in Aides activities. Agencies utilizing this new feature can accurately document sleep, meal, and relief time amongst other required items on the telephone while still utilizing Electronic Visit Verification, and send that information directly into your EMR system (Such as, Cerner or ADP). In doing so, agencies can get a better handle on all hours worked and overage hours in order to comply with the new state mandate and pay their Aides properly.
It couldn’t be easier to document your Live-in Aides time.
Contact CareWatch today to find out how we can streamline your agency.