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Can a home care provider be paid different hourly rates for the same or similar services provided to different consumers?

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Under the FLSA, an employer may pay different rates for different jobs held by the same employee as long as the employee’s regular rate of pay is at least the minimum wage and the rates are not used as a device for avoiding the payment of proper overtime compensation. Providing services to different consumers can be considered different jobs for purposes of this principle. Home Care FAQ #48 explains how to calculate the overtime obligation when different rates have been established.


October 2018

Tags: FLSA Compliance

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