ARIZONA STATE SENATE
Phoenix, Arizona
direct care services;
employment standards
Purpose
Requires state agencies that
contract with a private entity to provide direct care services, including home
health services and supportive care services, to require the private entity to
comply with the federal Fair Labor Standards Act (FLSA).
Background
The U.S. Office of Personnel
Management and the U.S. Department of Labor (USDOL) describe the FLSA as establishing
minimum standards for wages, overtime entitlements, record keeping and child
labor standards. Presently, covered
nonexempt workers are entitled to a minimum wage of at least $4.25 per hour. Overtime pay is required for these workers
at a rate of not less than one and one-half times their regular rates of pay
after working 40 hours in a week.
According to the USDOL, the FLSA does not require vacation, holiday,
severance or sick pay; meal or rest periods, holidays off or vacations; premium
pay for weekend or holiday work; pay raises or fringe benefits; and a discharge
notice, reason for discharge or immediate payment of final wages to terminated
employees. Direct care services are
generally defined as any service directly provided to a client or
recipient.
Because potential costs
relating to contracts and other factors could accrue to the state, the fiscal
impact of this legislation is unknown.
Provisions
1. Requires state agencies that contract with a private entity to provide direct care services, including home health services and supportive care services, to require the private entity to comply with the FLSA.
2. Requires state agencies to incorporate the requirement to comply with the FLSA into all requests for proposals and contracts for direct care services.
3. Provides for a general effective date.
Prepared by Senate Staff
February 1, 2001