Department Of Labor, Wage & Hour Division Opinion Home Health Provider Organization Question About Home Health Aide Compensation

This letter was sent on December 21, 2018 by the United States Department of Labor, Wage and Hour Division. The letter responds to a provider organization's request for an opinion letter regarding whether a client's compensation plan—which pays an average hourly rate that may vary from work week to work week—complies with the Fair Labor Standards Act (FLSA). Based on the facts provided, the Department concluded that the compensation plan did comply with the FLSA's minimum wage requirements . . .