Caregivers and home care workers are known for working long hours, including overnight shifts. Many of us take it for granted that these workers log more than 40 hours a week. But are they entitled to overtime? The answer depends on federal law, Arizona state law, and how the worker is classified.
The Fair Labor Standards Act
The primary law governing overtime is the federal Fair Labor Standards Act (FLSA). The FLSA requires employers to pay employees overtime pay at one and one-half times their regular rate for all hours worked beyond 40 in a workweek.
For many years, home care workers were excluded from these protections under the so-called “companionship services” exemption. The U.S. Department of Labor significantly narrowed that rule in 2015, and now third-party home care agencies are generally required to pay overtime to caregivers and home care workers.
However, if the caregiver is directly employed by a private household (not an agency), they may not be entitled to overtime. Likewise, if a worker spends more than 20 percent of their time performing personal care tasks such as bathing, dressing, feeding, or administering medications, the exemption typically does not apply.
Arizona follows federal overtime rules. Overtime is required after 40 hours in a workweek. If a caregiver is covered under federal law, they are generally entitled to overtime in Arizona as well.
Agency-Employed Caregivers
For caregivers working through a home care agency, the analysis is usually straightforward. The worker is typically classified as a non-exempt employee, overtime is owed for any hours beyond 40 in a workweek, and the companionship exemption does not apply to third-party employers. As a result, the majority of agency-employed home care workers in Arizona have a clear legal right to overtime pay.
Misclassification of Workers
Arizona’s home care industry sometimes misclassifies workers as independent contractors. Labeling someone an independent contractor does not automatically make them a contractor or deny them a right to overtime.
Courts examine the economic realities of the working relationship to determine a worker’s employee or contractor status. The following factors are relevant to the analysis:
- Who controls the schedule
- Who provides tools and supplies
- Whether the worker can take on other clients,
- The degree of supervision exercised.
If a caregiver is economically dependent on a single employer and lacks independence, they may qualify as an employee and be entitled to overtime under the law. Misclassification can expose employers to liability for unpaid wages and other potential civil penalties and sanctions.
What Happens if I Didn’t Receive Overtime as an Independent Contractor?
Caregivers who are wrongfully denied overtime pay may have a wage and hour claim against their employer. Under federal law, you may be entitled to multiple remedies, including recovery of unpaid overtime wages, liquidated damages (typically equal to the amount of unpaid wages), and attorneys’ fees and costs.
You may file your claim with the Wage and Hour Division of the U.S. Department of Labor. You typically have two years to file a claim with the Wage and Hour Division. You may also file a civil lawsuit against your employer seeking compensation for unpaid wages and damages.
How a Phoenix Employment Law Attorney Can Help Determine Overtime Eligibility
An experienced attorney can help you evaluate whether you are entitled to overtime as a caregiver or home care worker. Your lawyer will evaluate whether any exemptions, such as the companionship services exemption, apply to your case.
An attorney can also assess:
- Whether you have been properly classified as an employee or an independent contractor
- Whether your home care agency qualifies as a third-party employer under federal law
- Whether sleep time, on-call time, and travel time should be counted toward your hours
- Whether overtime was calculated correctly based on your regular rate of pay
In addition, a lawyer can calculate your lost wages and other damages related to the case and pursue the full compensation you’re owed.
Contact Houk Employment Attorneys To Schedule a Consultation With a Phoenix Employment Law Attorney
In Arizona, many caregivers and home care workers are entitled to overtime pay for hours worked over 40 in a week, particularly those employed by third-party home care agencies. However, exemptions, direct household employment, and independent contractor misclassification can affect eligibility.
If you regularly work long or overnight shifts without receiving overtime, you may have a claim for unpaid wages under federal and state law. Contact Houk Employment Attorneys to schedule a confidential consultation with a Phoenix employment attorney to learn more about your case.
Our employment law firm is conveniently located near you, with an office in Phoenix, AZ.
Houk Employment Attorneys
631 N 1st Ave Suite 101, Phoenix, AZ 85003
(480) 569-2377
