http://phinational.org/archives/ewa-says-companionship-exemption-policy-needs-rethinking/ PHI works to improve long-term care -- by improving the jobs of home health aides, certified nurse aides, & personal care attendants. Fri, 13 Aug 2010 02:14:04 +0000 http://wordpress.org/?v=2.9.1 hourly 1 http://phinational.org/archives/ewa-says-companionship-exemption-policy-needs-rethinking/comment-page-1/#comment-3830 Joe Hafkenschiel Tue, 19 May 2009 22:54:11 +0000 http://phinational.org/?p=3436#comment-3830 Interested parties should tread carefully with revising the federal companion exemption. The social purpose of the exemption is to keep care affordable for the consumer. As such, it is an exemption to the complex state and federal rules for minimum wage and overtime. In California, all workers, including home care workers, must be paid the minimum wage of $8.00 per hour. All home care workers must be paid overtime over eight hours per day and 40 hours per week. The only exemption is for personal attendants. If the personal attendant exemption was removed, a personal attendant working a 24 hour shift was have to be paid $304 rather than the current $192. If the exemption was removed, most companies would staff the case with three 8 hour shifts. The unintended consequence would be that the worker currently receiving $192 for a 24 hour shift would now receive $64 for an eight hour shift. I doubt they would feel better off. Interested parties should tread carefully with revising the federal companion exemption.
The social purpose of the exemption is to keep care affordable for the consumer. As such, it is an exemption to the complex state and federal rules for minimum wage and overtime.
In California, all workers, including home care workers, must be paid the minimum wage of $8.00 per hour. All home care workers must be paid overtime over eight hours per day and 40 hours per week. The only exemption is for personal attendants.
If the personal attendant exemption was removed, a personal attendant working a 24 hour shift was have to be paid $304 rather than the current $192. If the exemption was removed, most companies would staff the case with three 8 hour shifts. The unintended consequence would be that the worker currently receiving $192 for a 24 hour shift would now receive $64 for an eight hour shift. I doubt they would feel better off.

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