A nonexempt employee must be paid overtime if she works more than 40 hours in a workweek for any single employer. So if a home care provider works for a single agency, all of her work time arranged by that agency counts; for example, if she works for Consumer A for 20 hours and Consumer B for 25 hours, she is owed 5 hours of overtime compensation. If, however, her work for Consumer A is arranged by one private agency and her work for Consumer B is arranged by another, separate agency, she is not owed overtime compensation by either of her two agency employers.
October 2018
Tags: FLSA Compliance
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