We Advocate for Fair Pay for Home Health Workers in Texas and New Mexico

At Bustos Law Firm, P.C., our home health overtime lawyers are experienced advocates for workers who provide essential care services. Home health aides, caregivers, and personal attendants play a critical role in supporting patients in their homes. These jobs often require long hours, overnight shifts, and physically demanding responsibilities. Workers in this field deserve to be paid fairly for every hour worked. If you were denied overtime pay, you may have a valid legal claim under federal and state law.

Overtime Rights for Home Health Workers

Home health workers are generally protected by the Fair Labor Standards Act (FLSA). Under federal law, non-exempt employees must receive overtime pay at one and one-half times their regular rate for all hours worked over 40 in a workweek.

In 2015, federal regulations expanded overtime protections to include many home care workers who were previously excluded. Today, most home health aides and personal care assistants are entitled to minimum wage and overtime protections.
Texas follows the FLSA for overtime law. New Mexico also applies the federal standard through its Minimum Wage Act, with some additional worker protections depending on the circumstances.

Call 806-696-8285 to connect for a free consultation with a Home Health Workers Overtime Lawyer today!

Healthcare Overtime Lawyers protecting unpaid wages. Call 806-515-4951 for experienced help with overtime pay violations.

Common Overtime Violations in Home Health Care

Despite clear legal protections, overtime violations remain common in the home health industry. Employers may attempt to reduce labor costs by underpaying workers or failing to track all hours worked. Examples of potential violations include:

  • Not paying overtime for hours worked beyond 40 in a week
  • Failing to compensate overnight or sleep time properly
  • Not paying for travel time between patient homes
  • Misclassifying workers as independent contractors
  • Requiring off-the-clock work such as paperwork or patient updates

Many home health workers are scheduled for extended shifts, including 24-hour care assignments. Even in those situations, the law requires careful accounting of compensable hours.

Call 806-696-8285 to connect for a free consultation with a Home Health Workers Overtime Lawyer today!

Special Rules for Live-In and Overnight Care

Home health work often includes overnight shifts or live-in arrangements. Federal law allows employers to exclude certain sleep time from hours worked, but only under specific conditions.

To lawfully exclude sleep time:

  • The worker must have a reasonable opportunity for uninterrupted sleep
  • There must be an agreement between the employer and employee
  • Interruptions for patient care must be counted as hours worked

If these conditions are not met, the entire shift may be compensable. This is a frequent source of disputes in home health overtime cases.

Call 806-696-8285 to connect for a free consultation with a Home Health Workers Overtime Lawyer today!

Compensation for Unpaid Overtime

Workers who are denied proper overtime pay may be entitled to recover compensation through a legal claim. Federal and state laws provide strong remedies for wage violations. Potential damages include:

  • Unpaid overtime wages for all qualifying hours worked
  • Liquidated damages equal to the unpaid wages
  • Attorneys’ fees and litigation costs under 29 U.S.C. § 216(b)

These remedies are designed to ensure that workers receive full compensation and that employers are held accountable for violations.

Call 806-696-8285 to connect for a free consultation with a Home Health Workers Overtime Lawyer today!

Home Health Work in Texas and New Mexico

The demand for home health services continues to grow across Texas and New Mexico, especially in rural and underserved communities. Workers often travel long distances between patient homes and may work irregular schedules that include nights, weekends, and extended shifts.

In New Mexico, state wage laws may apply more broadly in some cases, offering additional protections to workers. In Texas, claims are primarily governed by federal law. Understanding how these laws apply is critical to determining whether overtime violations occurred.

Call 806-696-8285 to connect for a free consultation with a Home Health Workers Overtime Lawyer today!

Frequently Asked Questions for a Home Healthcare Overtime Lawyer

Q. Are home health workers entitled to overtime pay?

A. Yes. Most home health aides and caregivers are non-exempt employees and must be paid overtime for hours worked beyond 40 in a workweek under the FLSA.

Q. Does live-in care affect overtime eligibility?

A. Live-in status does not eliminate overtime rights. Employers may exclude certain sleep time only if strict legal requirements are met.

Q. Do I get paid for travel time between clients?

A. In many cases, yes. Travel time between patient homes during the workday is generally compensable.

Q. What if I am paid a flat daily or weekly rate?

A. A flat rate does not remove overtime obligations. Employers must still calculate and pay overtime based on total hours worked.

Q. How long do I have to file a claim?

A. Most claims allow recovery of unpaid wages for up to two years, or three years for willful violations.

Contact Our Home Health Overtime Lawyer Today

At Bustos Law Firm, P.C., our overtime wage and hour lawyers for home health are committed to protecting workers who provide essential care services. If you were denied the full overtime wages that you earned, you have legal rights. Call 806-696-8285 or contact our home health wage and hour attorneys online to schedule a free, confidential consultation.

Call 806-696-8285 to connect for a free consultation with a Home Health Workers Overtime Lawyer today!