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  • Home Health Aide Ohio

    I am a home health aide in Ohio, I work 90 hours in my 2 week pay period, which is 10 hours overtime. I am not getting paid for my overtime. Is this legal? I care for skilled patients in there homes, I am not just a companion. I also do daily house hold chores, sweeping, dishes, laundry, dusting, meals etc. I was told I dont get paid for overtime, due to me being hired in as a part time employee? But nothing is in my employee handbook, and I was not aware of this when I went through the interview. Can someone please help me to clear this up, I have read some of the other threads and it seems to me from the links in one of them that I should be getting the overtime. Please help. Thanks!

  • #2
    http://www.dol.gov/esa/whd/regs/compliance/whdfs25.pdf

    Fact Sheet #25: The Home Health Care Industry Under the Fair Labor Standards Act (FLSA) ...

    Employees providing "companionship services" as defined by the FLSA need not be paid the minimum wage or overtime.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      As I stated I am not a companion. I move from chair to beds, and vice a versa. One is a stroke patient the other is a quad. I do showers, hair washing etc. Just as if I was working in a nursing home or a hospital. So I do not consider that just a companion. Also I work through a company not directly through the people I am taking care of.

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      • #4
        You may not think of yourself as a companion but that is exactly what you are legally.

        From the link above:
        "Companionship services" means services for the care, fellowship, and protection of persons who because of advanced age or physical or mental infirmity cannot care for themselves. Such services include household work for aged or infirm persons including meal preparation, bed making, clothes washing and other similar personal services. General household work is also included, as long as it does not exceed 20 percent of the total weekly hours worked by the companion.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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