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The 20% Rule Redefines Home Care in 2015

The 20% Rule Redefines Home Care in 2015

iStock_000014756875XSmallEffective January 2015, the Final Rule of the Fair Labor Standards Act (FLSA) will differentiate between companion care, direct care and domestic services.  If a caregiver performs care-oriented duties more than 20% of his or her time, overtime rules will apply.

Under companion care, an elderly person will enjoy recreational activities such as playing cards, watching TV and sharing meals, whereas care-oriented services will be described as bathing, grooming, light housekeeping, and care coordination.  At the present time, caregivers perform a combination of both kinds of tasks, but next year, their pay will be based on the types of services they provide.  Moreover, household chores that are traditionally part of home care services will be added as an extra charge and no longer fall under companion care.

What does this mean for families who hire private caregivers?

The role of a caregiver who is hired from an advertisement as opposed to an agency must be clearly defined.  If you are hiring a caregiver independently, it would be a good idea to document the types of tasks she will be doing and refer to the description of tasks outlined in the Fact Sheet.  Here’s an example of categorization according to the Final Rule:

Care-Oriented Tasks

  • Bathing
  • Grooming
  • Meal Preparation (for patient only)

Companionship Tasks

  • Transportation for social visits
  • Play board games
  • Accompany to theatre or nail appointments

Domestic Services

  • Vacuum, dust and mop
  • Meal preparation (for the whole family)
  • Laundry

You can create your own spreadsheet that corresponds to the Fact Sheet and make sure that your caregiver has a clear understanding of your expectations before he or she agrees to work for you.

What does this mean for caregivers, nannies, and domestic contractors?

If you are working for a private client, be sure to keep track of your tasks.   Ask your employer for a written copy of expectations so you have a clear understanding of what your duties will be.  If English is not your first language, ask for a copy written in your native tongue or ask a friend or attorney to translate everything for you.  Just as employers have to be cautious about whom they will allow into their home, contractors need to be careful about whom they work for.  Create a task sheet and familiarize yourself with different responsibilities that fall under each kind of category.

What’s the point of the Final Rule concerning domestic service workers?

The Final Rule was devised to protect domestic service, home care and nanny contractors and employees against exploitation.  The re-definition of tasks under three separate categories delineates the level of pay for each type of work, so that the worker gets fair wages.  Tracking hours and duties for independent workers provides structure and clarity that may not be provided by a family, so it’s important to document activities in a spreadsheet or chart. The Final Rule ensures that domestic, home care and nanny workers get the pay they deserve.

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Client Reviews

24 Hour Home Care review summary

Reviewer: Patricia
Patricia 2020-09-18 via Google
I like working for 24hr home care because they allow me to have a flexible schedule and I can take advantage of how far away from home I'd like to travel for work.
Reviewer: Liliana D
Liliana D 2020-09-18 via Google
Improving getting better and better really listen to our voice send us a recognition letter congratulating us as frontline workers, send us a little gift for our performance, send us an gift certificate from amazon for school supplies pack of $30 dollars for our children looking forward for more improvements feels good to be recognize as a great frontline worker helps us get more motivated afterall thats going on. Ive never got anything or a congratulations from them ever its the first time in the 3 years ive work with them and today they call me to say happy bday i feel special. Thank you 24hr homecare
Reviewer: Tatyana
Tatyana 2020-09-18 via Google
Pros: It’s nice working here. With this agency, you have a very flexible schedule. There are a lot of 4-5 hour shifts, although they do offer overnight shifts as well from 8 hours, maybe 12. You can qualify for employee benefits after 1 year of working here. They have “emergency rate” wages as well, these are last minute shifts that can raise from $1-5 an hour; if they hired you at $14hr and they give you an (e-rate) emergency rate then it’ll probably be from $15, $16, $17+ depending on the case. Traveling is required and they did have a virtual interview with me. They have employees working 24 hours if you decide to call them. They use the CC-Go app to clock in and clock out. They also give you a link to a corporate perks website that will give you discounts on phones, plane tickets, hotels ect. Cons: Communication with the office/managers can be difficult at times because when you call, anyone/random person can answer. My personal recommendation as a company request for employee(s): Sending each caregiver a “care package” in a ziplock bag with gloves, masks, hand sanitizer, ect. in case a facility or client doesn’t have the supplies needed. Having these “care packages” would help the company prevent any further sicknesses when dealing with urination and bowel movements if anything were to happen.
Reviewer: Samantha
Samantha 2020-09-13 via Google
Highly recommend!
Reviewer: Samantha
Samantha 2020-09-13 via Google
Great, award-winning company!
Reviewer: Samantha
Samantha 2020-09-13 via Google
Great company! Highly recommend.
Reviewer: CAROL
CAROL 2020-08-01 via Google
Reviewer: Laura
Laura 2020-06-12 via Google
Our care givers are loving, friendly and devoted. They are family! Thank you for being here for us.
Reviewer: Richard
Richard 2020-06-09 via Google
Our Care-giver Mudrakat is a blessing for us, with a big heart, and a very professional approach and skills - she will go far...
Reviewer: Raul
Raul 2020-05-28 via Google
Great place to work for!

The Most Trusted Caregivers

The success of our clients and company is entirely dependent on the quality of our caregivers. We make certain to find and provide our senior clients with the industry's best caretakers so that they have a positive in-home care experience. We submit all of our caregivers through nationwide background checks, assessment tests, and verify multiple references. All of our caregivers are required to be compassionate, reliable, experienced, and above all else, TRUSTWORTHY. We understand that you are entrusting your loved one's home and well-being with our company, and we take that very seriously.

24 Hour Home Care® is committed to improving the lives of our senior clients. By assisting seniors with their daily living activities, we are able to keep them at home where they are comfortable and allow them to thrive during this chapter of their lives. Not only do we strive to exceed customer satisfaction, but we strive to exceed employee satisfaction. We want all of our caregivers to be proud and happy to work for 24 Hour Home Care® so that they will provide the best senior home care possible!


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