Pay for Visit to Home Health Agency Employees

Don Trussell

We pay employees a fixed amount per visit when they care for agency patients at the patients home. These are non-exempt employees and would be subject to FLSA. We do not record their time worked nor do they. We pay them on what they turn in as visits and use the paperwork required for payroll. We consider them "PRN as needed" and are concerned that they may work more than 40 hours per week and also may work enough hours to be eligible for full time benefits. Do we have an exposure? Also, who is familiar with "pay for visits" for home healthcare agency employees? Thank you very much.

sonny

I am guessing you DO have an exposure and potential problem, but I am not in health care. .Maybe there are diffferent rules?

Don Trussell

Sonny, I contacted SHRM Knowledge Advisor and she advises that all non-exempt employees must have their time recorded in some manner. Otherwise would be in violation of FLSA. However, in the back of my mind I remember a lawsuit in NY shere a home health worker lost an overtime case but I just can't remember the details. Thanks for your response.

sonny

Hey, I guessed right. . no recollection of a NY case. . Good luck. sounds like you are headed on the right track to correct.