Companionship Exemption
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Companionship Exemption
The companionship exemption refers to federal labor regulations in the United States that exclude workers providing companionship services to the elderly or disabled from the federal minimum wage and overtime protections that apply to most other American workers. The exemption came into existence in 1974 through an amendment to the Fair Labor Standards Act (FLSA). While the main purpose of the amendment was to expand labor protections to domestic workers, two exceptions were included: one for those serving as “casual” babysitters and another for those providing “companionship services for individuals who (because of age or infirmity) are unable to care for themselves.” Controversy Over Application to Home Care Workers The United States Department of Labor The United States Department of Labor (DOL) is one of the executive departments of the U.S. federal government. It is responsible for the administration of federal laws governing occupational safety and health, wage ...
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Minimum Wage In The United States
In the United States, the minimum wage is set by U.S. labor law and a range of state and local laws. The first federal minimum wage was instituted in the National Industrial Recovery Act of 1933, signed into law by President Franklin D. Roosevelt, but later found to be unconstitutional. In 1938 the Fair Labor Standards Act established it at $0.25 an hour ($ in dollars). Its purchasing power peaked in 1968, at $1.60 ($ in dollars). Since 2009, it has been $7.25 per hour. Employers have to pay workers the highest minimum wage of those prescribed by Federal government of the United States, federal, state, and local laws. In January 2020, 29 states and the District of Columbia had minimum wages higher than the federal minimum, so that almost 90% of Americans earning just minimum wage got more than $7.25 an hour. The effective nationwide minimum wage (the wage that the average minimum-wage worker earns) was $11.80 in May 2019; this was the highest it had been since at least 199 ...
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Overtime
Overtime is the amount of time someone works beyond normal working hours. The term is also used for the pay received for this time. Normal hours may be determined in several ways: *by custom (what is considered healthy or reasonable by society), *by practices of a given trade or profession, *by legislation, *by agreement between employers and workers or their representatives. Most national countries have overtime labour laws designed to dissuade or prevent employers from forcing their employees to work excessively long hours (such as the situation in the textile mills in the 1920s). These laws may take into account other considerations than humanitarian concerns, such as preserving the health of workers so that they may continue to be productive, or increasing the overall level of employment in the economy. One common approach to regulating overtime is to require employers to pay workers at a higher hourly rate for overtime work. Companies may choose to pay workers higher overti ...
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Fair Labor Standards Act
The Fair Labor Standards Act of 1938 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppressive child labor".See and . It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage. The Act was enacted by the 75th Congress and signed into law by President Franklin D. Roosevelt in 1938. Practical application The Fair Labor Standards Act applies to "employees who are engaged in interstate commerce or in the production of goods for commerce, or who are employed by an enterprise engaged in commerce or in the production of goods for commerce" unless the employer can claim an exemption from coverage. Generally, an employer with at least $500,000 of business or gross sales in a year satisfies ...
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Domestic Worker
A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service". Domestic workers perform a variety of household services for an individual, from providing cleaning and household maintenance, or cooking, laundry and ironing, or childcare, care for children and elderly dependents, and other household errands. Some domestic workers live within their employer's household. In some cases, the contribution and skill of servants whose work encompassed complex management tasks in large households have been highly valued. However, for the most part, domestic work tends to be demanding and is commonly considered to be undervalued, despite often being necessary. Although legislation protecting domestic workers is in place in many countries, it is often not extensively enforced. In many jurisdictions, domestic w ...
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United States Department Of Labor
The United States Department of Labor (DOL) is one of the executive departments of the U.S. federal government. It is responsible for the administration of federal laws governing occupational safety and health, wage and hour standards, unemployment benefits, reemployment services, and occasionally, economic statistics. It is headed by the Secretary of Labor, who reports directly to the President of the United States and is a member of the president's Cabinet. The purpose of the Department of Labor is to foster, promote, and develop the well being of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights. In carrying out this mission, the Department of Labor administers and enforces more than 180 federal laws and thousands of federal regulations. These mandates and the regulations that implement them cover many workplace activities for about 10 m ...
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Home Care
Homecare (also spelled as home care) is health care or supportive care provided by a professional caregiver in the individual home where the patient or client is living, as opposed to care provided in group accommodations like clinics or nursing home. Homecare is also known as domiciliary care, social care or in-home care. It comprises a range of activities, especially paramedical aid by nurses and assistance in daily living for ill, disabled or elderly people. Clients receiving home health care may incur lower costs, receive equal to better care, and have increased satisfaction in contrast to other settings. Occasionally, palliative and end-of-life care can be provided through home health nursing. Home health nurses may assist patients with activities of daily living (ADLs) such as bathing, toileting, and feeding, or they direct and supervise the aide in providing ADL care. Nurses keep track of vital signs, carry out physician orders, draw blood, document the tasks they perform ...
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Personal Care Assistant
Unlicensed assistive personnel (UAP) are paraprofessionals who assist individuals with physical disabilities, mental impairments, and other health care needs with their activities of daily living (ADLs). UAPs also provide bedside care—including basic nursing procedures—all under the supervision of a registered nurse, licensed practical nurse or other health care professional. UAPs must demonstrate their ability and competence before gaining any expanded responsibilities in a clinical setting. While providing this care, UAPs offer compassion and patience and are part of the patient's healthcare support system. Communication between UAPs and registered nurses (RNs) is key as they are working together in their patients' best interests. The scope of care UAPs are responsible for is delegated by RNs or other clinical licensed professionals. UAPs care for patients in hospitals, residents of nursing facilities, clients in private homes, and others in need of their services due to ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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ADAPT
ADAPT (formerly American Disabled for Attendant Programs Today) is a United States grassroots disability rights organization with chapters in 30 states and Washington, D.C. They use nonviolent direct action in order to bring about disability justice. This includes working to change laws, policies, and services affecting disabled people, but also to challenge stigmatizing stereotypes and to empower disabled people to advocate on their own behalf. History The Atlantis Community was started in Denver, Colorado, in 1975, when Reverend Wade Blank, a non-disabled former nursing home recreational director, assisted several severely disabled nursing home residents to move out and start their own community. In 1978 protests were held in Denver by members of the Atlantis Community, and Blank, against the wheelchair inaccessibility of public buses in that city. These protests included the nation's first demonstration for wheelchair-accessible public buses, which was on July 5 and 6. At that ...
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