Hospice workers and in-home care providers play a vital role in the lives of some of Arizona’s most vulnerable residents. Despite the demanding nature of this work, wage and hour violations in the care industry remain alarmingly common. Many workers in this field are not paid fairly for the hours they put in, and some are denied basic protections they are legally entitled to.
In employment law, both federal and Arizona law offer important wage and hour protections worth knowing about in advance. That way, you can hold your employer liable in the event that a violation does occur.
Common Wage and Hour Violations in the Care Industry
Hospice workers and in-home caregivers frequently encounter pay practices that violate the law. Some of these issues go unnoticed for months before a worker takes action.
Among the most common violations are:
- Failing to pay overtime for hours worked beyond 40 in a single workweek
- Paying less than Arizona’s minimum wage of $15.15 per hour
- Not compensating workers for travel time spent driving between client homes during a shift
- Requiring off-the-clock work such as charting and documentation
- Making improper deductions from paychecks that push a worker’s effective pay below minimum wage
These violations can add up quickly over time, most notably for workers who regularly log long hours across multiple client visits in a single day.
How Federal and Arizona Law Protects Care Workers
Under the Fair Labor Standards Act, most hospice workers and in-home care providers are entitled to minimum wage and overtime pay. Federal regulations implementing the FLSA were updated to extend these protections to most home care workers nationwide.
There is a narrow “companionship services” exemption under federal law, but it has important limitations.
This exemption does not apply to:
- Workers employed through a home care agency or other third-party employer
- Anyone who performs medically related tasks, including most hospice aides and home health workers
- Workers who spend more than 20% of their weekly hours providing hands-on care services
If your job involves clinical duties or direct patient care, you are almost certainly entitled to full wage and hour protections.
Worker Misclassification as Independent Contractors
One of the most widespread problems in the home care industry is misclassification. Some agencies label their workers as independent contractors rather than employees to avoid paying overtime and covering payroll taxes.
Under both federal and Arizona law, simply calling a worker an independent contractor does not make it so. Courts and government agencies generally look at the actual working relationship rather than the job title alone.
Signs that you may be misclassified include:
- The agency sets your schedule and assigns your clients
- You are told how and when to perform your duties
- The agency controls your rate of pay
- You do not market your own services or operate your own business
If these factors describe your situation, you are very likely an employee regardless of what your paperwork says. Misclassified workers can recover back wages going back two years under the FLSA in most cases, or three years if the violation was willful.
Contact the Phoenix Employment Lawyers at Houk Employment Attorneys for Help Today
Hospice workers and in-home care providers deserve to be paid fairly for the important work they perform. If you believe your employer has failed to pay minimum wage, overtime, or other wages required by law, understanding your legal rights is the first step toward resolving the issue.
For more information, please contact the experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today.
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
