The Federal government is considering removing or revising the Fair Labor Standards Act (FLSA) Companionship Exemption for employees of home care companies.

"The companionship exemption refers to federal labor regulations in the United States that exclude workers providing companionship services to the elderly or disabled from the federal minimum wage and overtime protections that apply to most other American workers."

The exemption came into existence in 1974 through an amendment to the FLSA. While the main purpose of the amendment was to expand labor protections to domestic workers, two exceptions were included: one for those serving as "casual" babysitters and another for those providing "companionship services for individuals who (because of age or infirmity) are unable to care for themselves."[1]"(Wikipedia)

It appears that Congress believed the situations exempted were different from standard employment. The exemption was written before in-home senior care organizations such as Home Instead Senior Care existed.

The exemption is superseded in 14 states, including Massachusetts. Our franchises have always abided by MA law and paid overtime if warranted.

Long shifts, 24 hours or several days, without payment of minimum wage and overtime for worked hours do not provide good care or a satisfactory work environment.

We do believe that in-home senior care differs from the usual job in that it may include a stretch of hours when the caregiver is required to be there but essentially without duties. This is more of an on-call situation than direct work. It occurs most often during overnight shifts where the employee has their own accommodations and is rarely required to help the client. It is analogous to on-call situations with supervisors or physicians at night. In both these situations the person on-call may be required to attend and perform work while on call. In general, they are paid a stipend to be on call and regular wages for worked time.

A shift like this can be very beneficial to a senior who may need assistance to the bathroom overnight, and help getting to bed and getting up in the morning. It can also be very attractive to people like students who can study and sleep while the client is asleep.

In our opinion, most in-home senior care provided by employees of a company like ours should be subject to the usual minimum wage and overtime provision of other jobs. Sleep time should be considered on call and not included in overtime calculations, although compensated.

We hope that if revisions are undertaken, they retain this provision, and states apply it in their own laws. Doing so will allow both seniors and employees to benefit from the unusual circumstances of in-home senior care while we develop an industry that provides good jobs and much needed support for seniors in their homes.

For more information on this topic and others, please go to our website:  

   www.hearthside-homeinstead.com

Home Instead Senior Care:

Trusted Care For The Senior You Care For

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 Join Our Team

 on

September 30, 2012

 at

The Worcester County Walk To End Alzheimer's 

 Quinsigamond Community College

Worcester, MA

10:30am

 Unite in a movement to reclaim the future for millions. Join our team for the Alzheimer's Association Walk to End Alzheimer's™, the nation's largest event to raise awareness and funds to fight Alzheimer's disease. Together, we can advance research to treat and prevent Alzheimer's, and provide programs to improve the lives of millions of affected Americans.

 Join our team or make a donation by clicking the logo above. If you are planning on walking with our team, please email

Wendy Nollman at wendy.nollman@homeinstead.com with your

t-shirt size for your custom-designed Home Instead Senior Care Team T-Shirt!

JOIN US!

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 From all of us at Home Instead Senior Care:

Have a safe, happy and healthy July 4th!