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Nearly all workers earning salaries beneath $47,476 threshold are entitled to time-and-a-half pay whenever they work more than 40 hours in a week.

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I should also mention, in one of my hr newsletters, there was a case involving a staffing agency that an employee was being discriminated against by the client. Not only was the staffing agency responsible, the court held that the client was responsible also. I forgot the state though...sorry.
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Quoting Attorney at law Kevin P. Keane:
"agreements not reduced to writing, are NOT worth the paper they ain't written on."

{Q}We had a few agencies that refused to provide gloves anf safety items for their employees and it was in the contract signed that the patient was responsible for OSHA requirements.

These knowledge forums and so valuable. Internet contacts will ask: Who are you? Good question:) and Why do should I choose to join groups you participate in?

"You don't ask - you don't get ~ help" . There are groups of knowledgeable people in the vast world of the Internet. Identify the group and ask questions and they will help you.

Now retired and I have fun being the creator and Managing Director; "Mainzone Knowledge Network"
I agree with Writer Jane Ayres: "If I'm not learning, I'm not living."

{Q}Without reading closely the contract, most people dont know the responsibility they assume.

Now I must go and read the agency agreements serving my ADW.
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I hate to be the bearer of bad news but that depends on your contract with the agency. Payroll and comp insurance types of things but depending on the contract, you may be liable for OSHA requirements. We had a few agencies that refused to provide gloves anf safety items for their employees and it was in the contract signed that the patient was responsible for OSHA requirements. Without reading closely the contract, most people dont know the responsibility they assume.
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A legal entity that controls and directs a servant or worker under an express or implied contract of employment and pays (or is obligated to pay) him or her salary or wages in compensation

So if you pay a person directly you are the employer.

However if you pay an agency to provide people and services pay a person directly you are NOT the employer.

In both cases, IMCO, you set the times and define the persons work week

People should be aware of the difference. If you hire direct you emerge yourself. in legal concerns, record keeping, insurance etc. Engaging a person from and agency places all that stuff on the agency (employer). If you are an employer of record you can be sued if you fire the person (sometimes). An agency takes on all manner of liabilities.

Many companies classifying employees as 1099 workers get in deep yogurt if they miss-classified the person as a contractor,
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Actually, the employer is the person who decides a work week. For instance, lets say i have a project to do and fit my 40 hours into 3 days. If the handbook defines the work week as 5 days, legally, the employer can deduct 2 days of pay. The laws are way too complex and honestly stupid imo. I have wrote several employee handbooks and I will say that if I had any questions, the DOL is very good at giving clarification for any questions you have.
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I learn new things every day! I read an article in the Boston Globe that interested me. When I was a manger back in the old days the work week was 8 hours a day five days a week.

(q)The key is the 40 hour work week. In law it's customary to hire someone for a 35 hour work week, and salaries are based on that, not on a 40 hour work week. That leaves room for impromptu overtime up to 5 hours, which isn't compensated.

35 hour work week ? Customary, where?

(q)I think he is just referring to the fact that most salaried workers who were exempt from overtime rules and regulations are now allowed to get overtime pay.

EXACTLY

(q)The downside is a company can lower the base salary of the employee to adjust for the new law

And they can hire added workers......

I didn't think about or know about workers who provide companion service. Our caregivers are not companions.

(q)Medically Related Services. The definition of companionship services does not include the provision of medically related services which are typically performed by trained personnel.

(q)Under the Final Rule, the determination of whether a task is medically related is based on whether the services typically require (and are performed by) trained personnel, such as registered nurses, licensed practical nurses, or certified nursing assistants. The determination is not based on the actual training or occupational title of the worker performing the services.
(q)Performance of medically related tasks during the workweek results in loss of the exemption and the employee is entitled to minimum wage and overtime pay for that workweek.

(q)Third Party Employers.
Under the Final Rule, third party employers of direct care workers (such as home care staffing agencies) are not permitted to claim either the exemption for companionship services or the exemption for live -in domestic service employees.
(q)Third party employers may not claim either exemption even when the employee is jointly employed by the third party employer and the individual, family, or household using the services.

(q) However, the individual, family, or household may claim any applicable exemption. The refore, even if there is another third party employer, the individual, family, or household will not be liable for unpaid wages under the FLSA provided the requirements of an applicable exemption are met.
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I think he is just referring to the fact that most salaried workers who were exempt from overtime rules and regulations are now allowed to get overtime pay. The downside is a company can lower the base salary of the employee to adjust for the new law.

Caregivers who perform less than 20% of household chores are exempt from minimum wage and overtime rules if they mostly provide companionship services. You can see the actual law on FSLA factsheet 25.

Btw Phoenix, meal breaks and holiday pay are not required by law in the states. It would be something covered in an employee handbook on whether it is provided by employer or not. I know that most people think that meals are covered by law but they are not unless a specific state has a law.
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glad? you forgot a lot of other things in there missus!! xxx

holidays
meal breaks
suing for maltreatment
taking action to ensure our work place safety
private medical insurance in the event of an accident at work let alone
claiming against insurance for pain and suffering
no pension provision

Just for starters
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Or family caregivers working 24/7 without any sort of compensation?
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The key is the 40 hour work week. In law it's customary to hire someone for a 35 hour work week, and salaries are based on that, not on a 40 hour work week. That leaves room for impromptu overtime up to 5 hours, which isn't compensated.

And BTW, is your concern for agency paid caregivers not getting OT?
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