We wish it could be as simple as that. We believe, that when there are just one caregiver working with a client it tends to create a potential problem for the family if you are needing more than just a few hours a week. If your needs are for multiple days a week and multiple hours each day, there needs to be enough caregivers, who are rotated on a regular basis and familiar with the care, who can step in at any time and provide the care needed.
The family’s goal should be to have consistency of care services. Often times, part of life in the home care industry requires that more than one caregiver be available. If there is an issue with one caregiver, you need to make sure you have another that can step in and provide the care needed for you or your loved one. We wish it never happens, but it does.
One of the reasons we make available to the family the profiles of all the caregivers that meet their needs is to give them a variety of caregivers. If you don’t like your caregiver, for whatever reason, you should replace that caregiver. However, we would ask all the Family to be reasonable and consider why the caregiver is not liked. Our experience is that often time’s dislikes have nothing to do with the caregiver’s ability to be compassionate and provide good care services. Rather, dislikes are often associated with other issues of personality or mannerisms. We believe these issues can very often be overcome if the family just gives the caregiver a chance. Nonetheless, they can be immediately replaced with another caregiver(s) you have matched with.
If you would like more or less hours of service all you have to do is adjust that schedule as needed with the caregiver. Tell them what your scheduling needs are, they should be able to accommodate you. You should give the caregiver enough notice in advance, to allow them to adjust their schedule, it will make the transition of time easier for everyone.
Homecarematched.com wants all of our families and their loved ones to be safe in their home. That is why we provide as much information as possible for them to so all their due diligence in vetting each caregiver coming into their home. It is not uncommon for the family to visit the home or be in the home during the time care is provided. Where that is not possible there are some families that have cameras placed in the home for them to monitor what is happening.
We strongly suggest that you have a schedule of the things that are to be done by the caregiver while they are ion the home. We also suggest that the caregiver complete some type of activity form so that the family can see the things that have been accomplished during their time. It also helps the caregiver know the things required while in the home and helps them to stay focused and not being idle.
The FLSA defines "employer" and "employee" broadly, but workers who are independent contractors (meaning they are in business for themselves rather than economically dependent on an employer) are not employees and do not have to be paid according to the requirements of the Act. To determine whether the worker is an independent contractor or an employee, factors to consider include:
1) The extent to which the services rendered are an integral part of the principal's business.
2) The permanency of the relationship.
3) The amount of the alleged contractor's investment in facilities and equipment.
4) The nature and degree of control by the principal.
5) The alleged contractor's opportunities for profit and loss.
6) The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor.
7) The degree of independent business organization.
Most home care workers will be employees, and not independent contractors, of the individual who receives services (or the individual's family, household, or other representative) and/or a third party agency that arranges the home care.
Where a worker is performing duties that fit within the definition of companionship services, the individual receiving services (or his or her family or household) may claim the companionship services exemption, but any third party employer of that worker may not. This means that the third party employer is responsible for ensuring that the worker is paid minimum wage and/or overtime compensation in compliance with the Fair Labor Standards Act and the individual, family, or household will not be held responsible for any wages that are not paid.
The same is true of the live-in domestic service employee exemption. No third party employer may claim the exemption, but an individual, family, or household may claim it if the worker meets the exemption's residency requirements. In other words, if the exemption is properly claimed, the individual, family, or household will not be held responsible for any overtime compensation the third party employer fails to pay.
Under the Final Rule, an individual, family, or household who employs a worker providing companionship services to an elderly person or person with illness, injury, or disability may claim the companionship services exemption from the Act's minimum wage and overtime pay provisions if the employee meets the "duties test." Similarly, an individual, family, or household who employs a worker who resides on the employer's premises to provide domestic service may claim the live-in domestic service employee overtime pay exemption under the Final Rule if the employee meets the residency requirements. See Fact Sheet: Application of the Fair Labor Standards Act to Domestic Service; Final Rule for additional information.