Supportive services workers who care for people with Medicaid in community-based residential care settings are not exempt from federal minimum wage and overtime requirements based on a decision from the U.S. district court in Western Missouri.
The case of Solis v. Firstcall Staffing Solutions, Inc. (pdf) involved 10 developmentally disabled consumers sharing four dwellings in an Independence, Mo., apartment complex. Under the Fair Labor Standards Act's “companionship” exemption, workers providing certain services in a consumer’s private home are currently exempt from minimum wage and overtime protections.
For more information, please contact Peter Notarstefano, (202) 508-9406.