• 06
  • February
    2012

President Obama's administration recently proposed regulations to provide home health-care workers with minimum wage and overtime protections. These workers had been exempt from wage and hour protections for the past 37 years.

Labor unions advocated for the change in the workers' status, arguing the exception unfairly grouped these workers in the same category as babysitters. Home health-care workers unlike babysitters provide in-home services (which include caring for wounds and assisting with physical therapy) for the elderly and disabled.

Experts say that although most home health-care workers are paid at least the minimum wage, most do not receive the time-and-a-half premium other workers receive when they work overtime. As a result, 40 percent rely on additional public assistance like food stamps and Medicaid.

According to the Salt Lake City Tribune, by 2015 a Utahn will turn 65 every 23 minutes based on state aging analysis. The services of home care workers are invaluable to those over age 65 who need daily assistance to stay in their homes. The number of elderly Americans needing home health-care services is expected to double by 2030.

Wage and Hour Laws

Adult workers in Utah are guaranteed the federal minimum wage of $7.25 per hour, according to the Utah Labor Commission. Employees under the age of 18 may be paid $4.25 per hour for the first 90 days of employment as a training wage. Employees who receive tips of at least $30 per month may be paid $2.13 per hour, as long as the total of the hourly wage plus tips is at least $7.25 per hour.

The Fair Labor Standards Act governs whether employees who work over 40 hours per week are entitled to overtime pay. As eligibility for overtime is complicated and full of exceptions, employees who have questions should consult a Utah employment law attorney.

Source: Salt Lake Tribune, "Utah home health-care workers may get pay guarantee," Patty Henetz, Jan. 1, 2012