Like other employees in the state of North Carolina, you are entitled to overtime pay if you are a home health care employee that works over 40 hours a week. The pay for these hours should be equal to time and one-half time of your normal wages.
If you believe you may have unpaid overtime wages due to you for your job as a home health care employee in North Carolina, you should get an employee rights lawyer on your side. Phil Gibbons can investigate your case, determine whether you might be entitled to overtime pay, and fight to win you the wages you earned. Call us today at 704-612-0038 for a free consultation.
What Does the Law Say About Overtime for Home Health Care Employees in NC?
New federal laws went into effect on January 1, 2015 requiring employers of home health care workers to pay them a wage equal to or higher than the federal minimum wage, as well as overtime pay. This law applies to home care staffing agencies and other third-parties who employ these workers and assign them to families who need care.
Workers covered by this law provide direct care, and include home health aides, certified nursing assistants, personal care providers, live-in caregivers, and companions.
Do Nurses Qualify for Overtime Pay When Providing Home Health Care Services?
The law treats licensed practical nurses (“LPNs”) differently from licensed registered nurses (“RNs”). Although LPNs require extensive training, they usually do not meet the learned professional criteria for exemption from overtime. RNs, however, are often found to meet the learned professional exemption if they are paid a salary. But the final determination will depend on how a nurse is compensated. LPNs and RNs who are paid hourly or on a “per visit” basis are normally eligible for overtime compensation.
We can help you determine whether you are exempt or non-exempt based on overtime exemption laws.
What If I Am Classified as an Independent Contractor?
Most people who work as in-home caregivers providing home health care services work for home health staffing agencies. The agencies pay their hourly wages, and classify them as employees.
On occasion, though, home health workers may be independent contractors who work directly for the person or family who requires caregiving services. If you are a self-employed independent contractor, federal overtime laws do not apply to you. You must meet the law’s broad definition of “employee” to be eligible, which independent contractors do not.
If the agency you work for is claiming you are not an employee, we can help you determine if the agency is misclassifying you as an independent contractor to avoid paying out taxes or for other reasons. This is common in the industry, and we can help you ensure your employer classifies you properly so that you get the overtime wages you deserve.
What Are My Options if My Employer Is Refusing to Pay Me Overtime in Charlotte?
If you believe your employer is withholding overtime pay owed to you, you should reach out to a local employee rights attorney who can offer a free evaluation of your situation.
We will discuss your job duties, your hours worked, and other details about your job. From this conversation, we can determine if your employer is properly classifying you, and explain how the minimum wage and overtime laws apply based on your specific circumstances. If we find your employer has misclassified you or simply refuses to pay you overtime, we can look at your records and determine how much your employer owes you in unpaid overtime wages.
We will contact your employer and file a claim to recover the unpaid wages owed to you. We represent you through this process, and always fight for the full amount of compensation our clients deserve. If necessary, we can file suit in court to get the money you earned. We can also ensure you do not face retaliation because you reported the overtime violation, if you still work for the employer in question.
Phil Gibbons, Charlotte, NC Employee Rights Lawyer Can Help Home Health Care Employees Recover Unpaid Wages
If you believe your employer owes you for overtime you worked, Phil Gibbons can help you determine how much money you deserve and fight for it on your behalf. And because we handle cases on a contingency basis, you do not need to worry about any upfront costs.
Call our Charlotte office today at 704-612-0038 to set up a free case review.