FLSA: are personal caregivers entitled to overtime?(Fair Labor Standards Act)

From: Legal Eagle Eye Newsletter for the Nursing Profession | Date: August 1, 2007 | Copyright information

The US District Court for the District of Maryland has a pending case which challenges the decision of a corporation which operates several care facilities to deny overtime pay to CNA's.

The focus of the lawsuit is whether the CNA's provide personal care inside their clients' private homes, as opposed to inside a caregiving institution.

The definition of a private home is not at all straightforward in this case. The court must draw the line where progressive levels of assisted living cease to be private dwellings and become institutional.

At this point the court has ...

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