Companionship Exemption Doesn’t Apply to Workers in Community-Based Settings, Court Confirms

Source: Matt Ozga, Paraprofessional Healthcare Institute (PHI), January 14, 2010

Supportive services workers who care for people with Medicaid in community-based residential care settings are not exempt from federal minimum wage and overtime requirements, confirmed a U.S. district court in Western Missouri.

The case of Solis v. Firstcall Staffing Solutions, Inc. (pdf) involved 10 developmentally disabled consumers sharing four dwellings in an Independence, MO, apartment complex. The employer, Firstcall Staffing Solutions, had argued that because the community-based care facility had been set up as individual apartments, it should be treated as the recipients’ homes.

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