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View Full Version : Travel time for home health aides Michigan


heykid48813
04-23-2008, 05:16 PM
If someone works for a home health care company is there a way to make the company pay for travel time and/or costs between clients? I recieve agency care due to a disability that has resulted in my being home bound and I am concerned because the agency I have can't keep aides because they can't afford the current price of gas.

cbg
04-23-2008, 05:28 PM
Are the aides exempt or non-exempt?

heykid48813
04-23-2008, 05:36 PM
I am not sure what that means but I do know that they are paid by the hour. Does that help?

cbg
04-23-2008, 06:00 PM
Yes, it means they are most likely non-exempt. Assuming they are employees and not independent contractors.

Assuming they are non-exempt, they do not have to be paid from home to the first location of the day, or from the last location of the day to home. They do have to be paid for time between visits during the work day.

If they are IC's, then their contract should indicate how time between locations is paid.

heykid48813
04-23-2008, 06:17 PM
Thank you so much for you help. To my knowlege they are emplyees and not IC's. Any ideas as to being able to inforce it with the company?

cbg
04-23-2008, 06:26 PM
What can YOU do to enforce it? Not a thing.

THEY can bring it to their employer's attention and file a complaint with the state DOL if the employer does not comply with the law.

Pattymd
04-24-2008, 01:24 AM
They have to be paid for the TIME it takes to travel between clients. Michigan does not require the employer to reimburse the employee for mileage or vehicle expenses.

heykid48813
04-24-2008, 11:35 AM
Can you please tell me what law or statute this is covered under?

DAW
04-24-2008, 12:38 PM
The law is the federal FLSA law. The related regulations are in the 29 CFR 785.33-785.41 group. I have a pointer to the regulation in that group mostly likely to affect you, although a prudent person would read everything in the range that I referenced.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.38.htm

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