FLSA Compliance: Direct Care Workers and Sleep Time

May 4, 2017 11:02 am Published by

When working as a domestic employee, there are specific pay requirements outlined by the Fair Labor Standards Act. This information goes over how and when employees who work at a patient’s home should be paid. Understanding FLSA requirements is essential, both for employers and their employees. Direct Care Innovations helps your company track billable hours and when employees are considered on duty. Our integrative software approach keeps employers in compliance while protecting workers and clients.

Paid Sleep Time for Direct Care Workers

Whether or not an employee is able to be paid for sleep time varies, based on their title and the length of their shift. If an employee is a live-in employee for an extended period of time or on a permanent basis, the employer needs to offer private quarters. Up to eight hours of the day can be excluded from billable hours.

If an employee is simply working for 24 hours, they need to have adequate sleeping facilities and have at least five hours of consecutive sleeping hours. Up to eight hours during a fixed shift may be excluded from billable hours, and the specific amount is usually outlined in an agreement.

For shifts fewer than 24 hours, sleep time is billed.

If there are any interruptions to the excluded eight hours during which the employee performs work tasks, the time spent performing work will be paid for. You may not exclude any hours if the employee receives less than five continual hours of sleep due to work-based interruptions.

These guidelines may change as the Department of Labor reviews and implements new policies. Certainly with the increased demand for direct care workers, the government has already instituted policies addressing the unique working conditions of direct care employees.

Direct Care Innovations delivers solutions that adapt to your company’s needs while keeping up-to-date with compliance regulations. Prevent payroll discrepancies and avoid audits by using one or a combination of our modules.

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