Friday, June 24, 2011

Overtime for Resident Care Providers

Caretakers who reside on the care premises to care for the old, mentally and physically disabled, or seriously ill, are entitled to overtime for the time they reside on the premises.  29 U.S.C. Sec. 203(r)(2)(A).  The employer must be an "institution" that is "primarily engaged" in the care of "the sick, the aged, mentally ill or defective . . ."

There are 3 key requirements:  1) residence; 2) the employer is an "institution" (such as a hospital or nursing home, or "long term care facility" and 3) the persons cared for generally are not able or allowed to leave the premises.

Source:  The federal overtime law known as the Fair Labor Standards Act [FLSA], as recently interpreted by the Ninth Circuit in the case of Probert v. Family Centered Services of Alaska, Inc. (June 23, 2011) 2011 DJDAR 9288.

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