Medical Services / Home Health Aide
Certified by state agency, directed by RN supervisor
If you provide fellowship, protection, and care for an elderly person or person with an illness, injury, or disability who requires assistance in caring for themselves, you may be working as a companion.
If you spend 20% or more of your workweek providing such care, you are a domestic service employee and are entitled to minimum wage and overtime pay.
The same protections also apply if:
- Your work primarily benefits members of the household other than the person you care for
- You perform related services that typically require training and are performed by medical personnel
- You are employed by a third-party employer or agency
What if companionship care is less than 20% of the workweek?
The companionship services exemption may apply, and minimum wage and overtime rules may not apply to that portion of the work.
If you are certified by a State agency, follow the directions of a client's RN Supervisor and take a lead role in client care.
Your Rights:
- Minimum wage — $17/hr NYC, $16/hr outside
- Overtime at 1.5x beyond 40/week (44 if live-in)
- 24-hour shifts: paid at least 13 hours if given 5 hours uninterrupted sleep
- Weekly pay
- Wage notice at hire and weekly statements in English and your primary language
- At least 24 consecutive hours of rest each week
- After one year: 3 paid rest days annually
Employed through an agency?
Agencies must provide a written statement detailing job conditions — wages, hours, services, and terms. A copy must be retained for three years. Agencies must ensure licensure, maintain records, conduct annual assessments, and provide in-service education.