The U.S. Department of Labor promotes compliance with U.S. labor standards through the Wage and Hour Division of the Department's Employment Standards Division. U.S. labor standards are defined and established by the FLSA, or Fair Labor Standards Act. The FLSA addresses issues such as the federal minimum wage, regulations relating to overtime pay and recordkeeping, and standards for employing youth. The FLSA applies broadly to both public and private sector workers. The FLSA provides standards and regulations that apply to the employment of elder care workers in the United States.
Coverage
FLSA regulations cover elder care workers if either of the following conditions are met.
Their wages for the calendar year exceed the threshold established by the Social Security Administration (e.g. $1,500 for 2007).
OR
They perform elder care work for more than 8 hours a week. The work performed need not be for a single employer, but instead can be a cumulative value of work performed for more than one employer.
Exemptions
Generally, elder care workers are exempt by statute from the FLSA regulations regarding both minimum wage and overtime pay. However, the FLSA provides precise definitions for exemptions. To confirm that the exemption applies in a particular case, request detailed information on elder care exemptions from a local Wage-Hour office.
Facilities
Elder care workers may be employed in live-in positions, either full-time or part-time. When an elder care worker with a live-in position is provided room, board or other similar facilities, the value of that provision can be considered in calculating the elder care worker's wages.
Recordkeeping
Elder care workers are generally not subject to minimum wage and overtime provisions of the FLSA. However, the FLSA nevertheless requires employers to keep records of wages, hours and other information, specified by Department of Labor recordkeeping regulations, relating to the employment of elder care workers.
Back Wages
Elder care workers are entitled to the recovery of back wages using procedures set forth by the FLSA. Individual elder care workers may bring suit to recover back wages within the term of the statute of limitations, which is two years generally, or three years in cases of willful violation on the part of the employer.
Enforcement
Investigators who are authorized representatives of the Wage and Hour Division carry out enforcement of FLSA regulations relating to elder care and other workers. The investigators may seek information relating to elder care workers' wages, hours worked and conditions of employment. Elder care workers are entitled to file complaints under the FLSA without being fired or being subjected to any form of discrimination as a result of the filing.
