Implementing Home Care Reforms

Source: National Employment Law Project, 2015

Today, two million home care workers are excluded from the basic minimum wage and overtime protections of the federal Fair Labor Standards Act (FLSA)—protections that almost every other worker has depended on for decades. Home care workers provide the vital care that allows older adults and persons with disabilities needing care to remain in their own homes. Yet this critical workforce is shut out of basic federal wage laws as the result of overly broad U.S. Department of Labor (DOL) regulations, issued in 1974, which converted what Congress intended to be a very limited exemption for workers providing certain “companionship” services into a wholesale exclusion. The Department of Labor aimed to rectify this historic injustice by issuing revised rules in 2013. NELP is working to ensure that states are prepared to implement and enforce this new law. You can help. ….