Home health therapists provide essential care to patients in their homes, but many of these dedicated healthcare workers may be getting shortchanged on their overtime pay. While many home health agencies pay therapists on a fee-per-visit basis, this compensation structure doesn’t automatically exempt employers from overtime obligations under state and federal wage laws.
The Fee-Per-Visit Pay Structure
Many home health therapists are paid a set fee for each patient visit they complete. However, their workday often extends well beyond direct patient care, including:
- Completing required documentation and paperwork
- Entering data into electronic health records
- Scheduling appointments
- Attending mandatory meetings and training
- Handling administrative tasks
- Coordinating care with other providers
- Traveling between appointments
When Overtime Pay May Be Required
Even when primarily paid on a fee-per-visit basis, therapists may be entitled to overtime premium pay (time-and-a-half). This overtime requirement typically applies when therapists work more than 40 hours in a workweek. Additionally, if therapists receive any hourly compensation for activities like training or administrative work, they may be eligible for overtime pay. The total hours worked, including both direct patient care and administrative time, count toward the 40-hour threshold that triggers overtime requirements.
Common Wage Violations
Some common ways home health agencies may violate overtime laws include:
- Failing to track or compensate for time spent on administrative work
- Not paying overtime rates when therapists work over 40 hours
- Misclassifying therapists as independent contractors
- Only counting direct patient care time toward overtime calculations
Know Your Rights
If you’re a home health therapist who works over 40 hours per week, receives both fee-per-visit and hourly compensation, or performs substantial work outside of patient visits, you may be entitled to additional overtime compensation under federal and state wage laws.
Taking Action
Home health therapists who believe they’ve been denied proper overtime pay should keep detailed records of their hours worked, including both patient visit time and administrative work, and their wages. These records can be crucial in establishing wage violation claims.
If you believe you’ve been denied proper overtime pay, our experienced legal team at Kessler Matura P.C. may be able to help. Contact us at 631-499-9100 or through our website for a free, confidential consultation to discuss your rights and options for recovering your earned wages.
