Home Health Aides

Home health aides, personal care attendants, and caregivers do essential work on schedules that routinely pass 40 hours, and the agencies that employ them lean on pay practices the law left behind years ago: flat per-visit pay, unpaid travel between clients, flat rates for 24-hour shifts, and 1099 classification.

Who do I represent?

  • Home health aides and personal care attendants
  • Caregivers in group homes and host home settings
  • Live-in caregivers and 24-hour shift workers
  • CNAs and med aides working for staffing agencies
  • DD Waiver direct support professionals (more here)

How the violations work

Since 2015, home care agencies cannot use the old companionship exemption. Agency-employed aides are entitled to overtime, period. The common violations now are quieter: paying per visit while ignoring the drive time that strings the visits together, deducting sleep time from 24-hour shifts that did not qualify for the deduction, splitting hours between two related agencies to keep each paycheck under 40, and calling caregivers independent contractors.

Each of those has the same effect: hours worked past 40 with no time and a half. Federal law makes those hours recoverable for two years back, three if the violation was willful, usually doubled as liquidated damages, with attorney's fees paid by the agency.

What it costs

Nothing upfront. Free consultation, contingency fee. If there is no recovery, you pay nothing, not even the costs.

Run the numbers on your situation

If you want a rough estimate before you call, the free overtime calculator covers hourly, salaried, day-rate, and commission scenarios. It takes about three to five minutes. The result is an estimate, not legal advice.

Use the Overtime Calculator

Need Help With Home Health Aides?

Free, confidential consultation. If there is no recovery, you pay nothing.

Get a Free Consultation

Or call (512) 799-2048