Rescinding of Information Bulletin DD.14.043 on Overtime Wages for Personal Support Workers

This Informational Bulletin is regarding the rescinding of the Division of Developmental Disabilities' Information Bulletin DD.14.03 in which the United States Department of Labor (DOL)  made changes to the Fair Labor Standards Act (FLSA) requiring that personal support workers (PSWs) hired by individuals or families must be paid overtime wages for time exceeding 40 hours per week.

• On January 14, 2015, a U.S. district judge vacated the Department of Labor's revised rules. The judgment has eliminated the necessity to pay personal support workers overtime pay.
• The DOL has appealed the ruling.
• The Division will continue to monitor the appeal. If overtime is reinstated, a new informational bulletin will be sent.

Please inform your staff and all other interested parties that there is currently no overtime provision for Home-based Services and Supports personal support workers.

NOTE:  The Personal Support Worker Certification and Overtime Exemption Forms previously completed will be maintained by ACCES$ and PPL in the event overtime is reinstated. If a worker has not yet completed the form, please ensure that they do so, as other information on the form is still needed.  The form should be put on file so that payments are processed appropriately in the future.