Legal Question in Employment Law in Louisiana

Employee's not being paid overtime!
hello, I'm a nurse who workes for a medical staffing agency. we employ nurse aides to sit with the elderly. there duties include light house keeping,pt.care,laundry,and ect. The employees are not paid overtime after 40 hrs. clients reimburse our agency for services rendered [usually out of pockett].we don't pay o.t. nor do we bill o.t. rates.I went to a web site- http://www.seiu880.org/inthenews_articles/seiu_govt.htm, Which states theres a 25-year-old loophole in federal rules for ''companions'' which makes them exempt from min.wage and o.t. Our employees agree to work o.t. without getting paid o.t.pay, although nobody is forced to work over 40 hrs. Is this loophole legal? Most of this employees worked with another agency for 3-4 yrs prior to coming on board with us, they worked approx. 40-80hr./wk. without o.t. pay. thanks for your response in advance.

Asked on 5/08/03, 11:45 pm

Hardy Parkerson Retired Attorney; now Law Professor

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Re: Employee's not being paid overtime!

Dear Friend,

I do not think it's legal. I do not think that "loophole" applies.

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

Answered on 5/10/03, 1:02 am

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