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Home Health Aides, Caregivers, and Certified Nursing Assistants

Under federal law and several individual state laws (such as, for example, Pennsylvania and New Jersey), Home Health Aids (HHAs), Caregivers and Certified Nursing Assistants (CNAs) are entitled to extra pay for hours worked over 40 per week. This extra “overtime” pay must equal “one and one-half times” the regular pay rate. For example, if a Home Health Aid or CNA is paid $10.00/hour, she should receive $15.00/hour for all of her hours worked over 40 in a 7-day week.

Also, the time Home Health Aids, Caregivers, and CNAs spend traveling between clients and completing all work related paperwork (such as “charting time”) must be paid. For example, if a Home Health Aid, Caregiver or CNA spends 45 minutes traveling from her first client’s home to her second client’s home, she must be paid for the 45 minutes. In fact, Home Health Aids, Caregivers, and CNAs generally are entitled to be paid for all of the time elapsed between their arrival at the first client’s home and their departure from the last client’s home.

If you have worked as a Home Health Aide, Caregiver, or CNA and either did not receive time and one-half pay for overtime hours or were not paid for all time spent completing paperwork or traveling between clients in a single day, you may be eligible to make a claim for unpaid wages. If you have any questions about this investigation or would like to discuss a potential claim, please contact us to speak with an attorney for a free and confidential consultation.

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