New law says home care workers must be paid OT, at least minimum wage, and travel time

Caregiver Relief

Effective immediately, home care agencies and individuals must pay workers at least the federal minimum wage and overtime. This new law may affect live-in caregivers and those who need 12 hours of care daily. Learn more about the impact on elder care and the rights of home care workers.

Diane Carbo

Jul 14, 2023 • 27 min read

New law says home care workers must be paid OT, at least minimum wage, and travel time

The people who make it possible for the elderly and others who need help with daily living to stay in their homes just got some affirmation.

Effective immediately, agencies and individuals who hire home care workers will need to pay them at least the federal minimum wage. They also will need to start paying overtime at a rate of time and a half. Agencies will need to pay these workers for the time they spend traveling from house to house, too.

The law, which was supposed to take effect Jan. 1, 2015, was delayed because lobbyists representing the home care agencies cried foul. They said the requirement will be too costly, leaving millions of elderly and disabled people without the help they need.

But to a home care worker who has to work overtime or have more than one job, or even two, just to survive, being treated the same as most of the rest of working America is long overdue.

I wrote about this issue in March for Healthline News in a piece headlined, “The People Caring for Your Parents Live in Poverty.” While I won’t deny my reputation as someone who expected the very best from the people my dad paid to care for him, especially when he was no longer able to articulate his needs himself, I also think the people who care of our frail parents and disabled loved ones ought to be able to make a living and support their own families.

Currently, the way we care for people in their homes in our country is really a bit of a mess. In about half the states, you don’t even need a license to operate a home care agency. Such a loose way of doing business when it comes to the care of our most vulnerable citizenry is, in my opinion, unconscionable.

I’m not sure what anyone really should expect from workers who aren’t at least paid minimum wage and given overtime. The fact that our country is in the midst of an elder care crisis, with 1,000 Baby Boomers per day turning 65, doesn’t give us an excuse not to recruit, train and properly compensate the people who care for them.

We have a caregiver crisis in the US.

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