Fowler Rebecca M
Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, USA.
J Health Life Sci Law. 2008 Apr;1(3):107, 109-35.
In a major industry shift, long term care is moving from nursing homes and institutions to the private home. This change results from a number of factors, including the lower cost of home-based care. These lower costs can be traced to a number of exemptions from the Fair Labor Standards Act requirements for minimum wage and premium overtime payments which apply to many home healthcare workers. These include the companionship, live-in, and professional exemptions. As the home healthcare industry has grown, home healthcare workers have challenged the applicability of these exemptions. This article will explore the issues reflected in those challenges and their resolution, and provide suggestions to help employers ensure that their employees fall within the exemptions.
在一项重大的行业转变中，长期护理正从疗养院和机构转向私人住宅。这一变化是由多种因素导致的，包括居家护理成本较低。这些较低的成本可归因于《公平劳动标准法》中许多家庭医护人员适用的最低工资和加班补贴要求的多项豁免。这些豁免包括陪伴、住家以及专业豁免。随着家庭医护行业的发展，家庭医护人员对这些豁免的适用性提出了质疑。本文将探讨这些质疑中所反映的问题及其解决方案，并提供建议以帮助雇主确保其员工符合豁免条件。
