08 Jul What Home Care Agencies Pay Overtime To Caregivers?
Are you in Philadelphia, Pennsylvania and looking to see if any home care agencies pay overtime? Read our guide below to find out what home care agencies pay overtime.
Who governs overtime pay in Pennsylvania?
Overtime pay is governed by regulations under the Department of Labor at the federal level. The state of Pennsylvania also has guidance on this at the following link.
What happens if a home care agency does not pay overtime if I work over 40 hours a week?
The home care agency should be reported to the proper authorities. Links below are included below. Employees can receive back pay and unpaid wages, including caregivers and home health aides, for unpaid hours that should have been paid at overtime rates!
Are there consequences to home care agencies that do not pay overtime?
Yes, not paying overtime (time and a half) wages to caregivers is a direct violation of federal and Pennsylvania state labor laws. By failing to pay overtime, these agencies can face fines and back pay to all caregivers and home health aides that were not paid properly. You can find recent examples of this with home care agencies in Philadelphia Pennsylvania and around the state at these links.
How can I submit a complaint about home care agencies that did not properly pay me overtime?
There are several ways to do this. If it is in the city of Philadelphia, you can submit a wage theft complaint form at the following link. This can also be done at the state of Pennsylvania level. The forms as well as instructions to submit a wage complaint, including for unpaid caregiver overtime in Pennsylvania can be done so here.
Are there any instances in which a home health aide does not need to be paid overtime?
Yes, but only if a caregiver does not work for a home care agency. You can see at this article examples of this, which relates to an issue in which Bayada home care did not pay overtime wages and the case reached the supreme court. A main example in Pennsylvania would be if and when a person is employed direct as a service worker by an individual in a home. This does not include any time when an agency such as a Philadelphia home care agency employs caregivers.
Do home care agencies allow overtime for caregivers?
It depends on the situation. Some agencies will allow caregivers overtime only with prior approval and emergency situations. Many home care agencies have clients and caregivers that have a regular schedule that exceeds 40 hours per week. For example, a person receiving care for 56 hours per week may have only one caregiver or home health aide that they would like working for them. Often, these caregivers are family members or friends that are employed under the Medicaid waiver program and are with Community HealthChoices insurance plans such as Keystone First or PA Health and Wellness. Some agencies will allow these caregivers to received overtime such as Chosen Family Home Care. Others will not allow this under any circumstances.
What Home Care Agencies Pay Overtime to Caregivers?
Hopefully, in emergency situations, all home care agencies will pay overtime or when an agency is short staffed.
For clients that receive home care hours through Community HealthChoices or the Medicaid Waiver program, some agencies will allow clients with regularly scheduled hours that exceed 40 hous per week and only one caregiver to get overtime.
Chosen Family Home Care is Philadelphia’s top provider that allows and authorizes caregivers to receive in excess of 40 hours per week to get overtime paid and compensated. They have a unique and innovative model that can accommodate for clients in Philadelphia that receive over 40 hours per week. The agency is the best and highest paying agency in Philadelphia for caregivers for the following reasons:
- A $15 pay average for caregivers
- Paid time off up to 40 hours per year
- 6 holidays that receive holiday pay for hours worked (time and a half)
- A retirement plan 401k with the company matching 3 percent of salary contributed!
- Free certified nurse aide (CNA) training for eligible employees
- Weekly pay so there is no need to wait around to get paid
- A health insurance plan with the company contributing 40 percent of health plan costs