Domestic Service Employees Are Exempt from Overtime Requirements under the FLSA
The Eleventh Circuit Court of Appeals has ruled that, under the Fair Labor Standards Act ("FLSA") domestic service employees, such as "granny nannies," are exempt from overtime rules under certain conditions. In Buckner v. Fla. Habilitation Network, Inc. held that overtime is not due to an employee of a home health care service who worked more than 40 hours in a week. The key point in this decision was that the Plaintiff was not a direct employee of a family but was paid by an agency who employed her.
The decision is a blow to home health care workers employed directly by employment agencies throughout the state of Florida. Such employees now need to negotiate the terms and conditions of their employment more carefully or be required to work burdensome work weeks far in excess of 40 hours without the possibility of overtime pay.
That's the view from The Law Planet, Jupiter, Florida
