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Austin Home Health Agency Lawyer

If your home health agency employer has not provided you the overtime pay you deserve, the Leichter Law Firm PC can help you get it. Home health workers provide more than just companionship to those they assist. These workers help their clients do basic daily activities in order to live their life comfortably. Home health workers prep meals, manage medications, help keep the house in order, and so much more. Despite all the selfless work they do for others, before 2016 these workers did not have the right to minimum wage or overtime. Thankfully, today home health workers are included in the protection of the Fair Labor Standards Act (FLSA).

However, some employers will still find ways to cut down costs to offset these new rules, which, unfortunately, could be at the employee’s expense. Many home health workers depend on the home health industry as their primary source of income. At the Leichter Law Firm PC, we know many home health employees are unaware of what rights they have when it comes to their pay. We understand the significance of this job, and we want to protect your rights.

If you believe that an employer has not fully compensated you for the hard work you’ve done, you are entitled to those missing wages. Our attorneys at Leichter Law Firm PC will aggressively fight to ensure you get what you deserve. We understand how hard our clients work. It is unjust for an employer to unfairly compensate you. Our skilled Austin home health agency overtime attorneys will put your interests first by holding these employers accountable. Contact the Leichter Law Firm PC today at (956) 205-0884 to get the qualified help you need.

Why You Need a Home Health Agency Lawyer

Navigating home health labor and employment laws is extremely complicated. With all the relatively recent changes in the law, it can be difficult to figure out what the final rule is. You may have several questions, such as: which home health employees are affected? How do I know if I haven’t been fairly compensated? What are the consequences of pursuing a claim against my employer? With a lawyer, all these questions can be answered. And, having an experienced lawyer by your side will only increase your chances of receiving the wages you earned. At Leichter Law Firm PC, we have the resources and experience you need in order to protect your rights.

Why Choose Us

Not getting the wages you deserve can be devastating to your livelihood. You need a law firm who understands the gravity of the situation. You need a law firm that you can trust to get the job done. You need Leichter Law Firm PC. Our mission is to inform employees of their legal rights and protect hard-working individuals from being disrespected by their employers.

Louis Leichter, a Board Certified Labor and Employment Law Specialist, founded this firm. It should be noted that less than one percent of lawyers in Texas are Board Certified. Our in-depth experience is what sets us apart from any other firm.

The Leichter Law Firm PC is dedicated to providing our clients with top-tier legal services. Our lawyers focus on high-quality legal work and effective strategies that address your concerns. Time and time again, our clients come back to us for any of their Labor and Employment Law concerns. Contact us today at (956) 205-0884 so we can help you get the fair treatment and compensation you deserve.

Cases We Handle

Home Health employers will go to great lengths to unfairly compensate their employees just so that they can profit more; from not paying overtime to failure to compensate their employees for travel expenses. Some common overtime violations at home health agencies include:

  • Not increasing the rate per visit after 40 hours
  • Not paying for travel time between visits
  • Requiring unpaid meetings, training, and seminars
  • Requiring charting after hours without pay

If you’re a home health worker and have not been fairly compensated for the full amount of work you’ve done, then you should contact a home health agency attorney today.

Which Home Health Workers Will Receive Overtime?

Even though the Supreme Court ruled that home health employees will no longer be exempt from receiving minimum wage and overtime, the ruling does not apply to everyone. Workers who are employed by a home health agency or any other individual that is not the client or the client’s family is entitled to receive the federal minimum wage and overtime pay. Workers that are not entitled are those who act as independent contractors or those who are employed by the client or their family. These workers may or may not be able to receive minimum wage or overtime, depending on their duties. An overtime attorney can help you determine whether you qualify for overtime pay.

Holding Employers Accountable

For proper implementation of the relatively new home health rule, it is important for employees to know what standards and actions employers must change. These practices include:

  • Paying at least federal minimum wage
  • Paying time-and-a-half of the employee’s hourly rate for overtime (i.e., working more than 40 hours in a week)
  • Compensating employees for travel
  • Treating workers as employees and not independent contractors
  • Not creating an unreasonable worker hours cap

Without being aware of these practices, it’s difficult to keep an employer accountable. Other practices for good implementation can be found on the USDOL Home Care Rule Fact Sheet. A lawyer can help you determine if your employer violated any of these standards.

Home Health Worker Rights in Texas

Unfortunately, in Texas, the rights of these employees are the bare minimum. According to the National Employment Law Project, Texas’ minimum wage law exempts workers who are covered by the FLSA, those who perform domestic services in a home, or those living in the home to care for the individual. Texas also has no overtime law. Luckily, because of the change for home health employees, Texas must abide by the federal standards. This means workers will receive a minimum of $7.25/hour and time-and-a-half pay for any hours exceeding the 40-hour workweek.

Contact Us Today

If you believe that your home health employer has unfairly compensated you for all of your hard work, contact a nurse overtime claims lawyer at the Leichter Law Firm PC today. We will aggressively fight to make sure your rights are protected and that you receive the wages you earned. Call us today at (956) 205-0884, complete our online form, or chat live.