Whether a senior caregiver is governed by Federal and State minimum wage and overtime laws hinges on two key elements. Who is the employer? What are the duties in the companion caregiver job description?
Employment law, wage and hour law, and payroll tax requirements for privately employed senior companion caregivers (whether direct hire or hired through a senior care registry) are governed by a complex assortment of Federal and state rules and legislation. The scope of the companion caregiver job description is used on the Federal level to distinguish privately employed companionship caregivers – exempt from Federal minimum wage and overtime protections – from other domestic services that do enjoy FLSA protections.
Since 2015, new definitions and regulations within the FLSA place limits on the senior care workers who can be classified as a companion senior caregiver and remain exempt from Federal minimum wage and overtime protections.
In brief, no individual employed by a home care agency may be classified as a companion – only individuals who are directly employed by a private family may qualify.
The scope of duties of an exempt companion senior caregiver have been narrowed to fellowship and protection, with no more than 20% of the caregiver’s time being allotted to personal care services (bathing, dressing, grooming). An exempt companion senior caregiver may have NO general household tasks assigned. A senior home care worker who performs any general household services or spends greater than 20% of their time providing personal care services is an hourly employee subject to the FLSA’s minimum wage and overtime protections.
Service |
Companion(Exemption Applies) |
Homemaker |
Senior Caregiver/
|
Companionship/Conversation | |||
Entertainment – games, reading, puzzles | |||
Scrapbooking, crafts, personal correspondence | |||
Share meals – light preparation | |||
Arrange/accompany visits, religious services | |||
Arrange/accompany appointments | |||
Monitor diet, medications | |||
Assist/organize calendar, mail, bills | |||
Household tasks – laundry, linens, vacuum, dusting |
|||
Light housekeeping, plant care | |||
Make/change bed | |||
Meal planning, preparation and clean up | |||
Grocery shopping, prescription pickup, errands |
|||
Grooming, skin care, oral care and dressing | |||
Eating, feeding | |||
Mobility | |||
Bathing | |||
Incontinence support care |
Note:
11/2019
Companionship Care: Minimum Wage and Overtime by State
Overtime Rules for Senior Caregivers
Payroll for Privately Employed Senior Caregivers
FAQ: Privately Employed Senior Caregivers