Caring Across Generations Statement on Department of Labor Notice of Proposed Rulemaking to narrow the companionship exemption to the Fair Labor Standards Act (FLSA)
December 15, 2011
Nearly 2 million home care workers supporting the elderly and people with disabilities may soon receive important legal protections from which they have long been excluded. The Caring Across Generations campaign applauds President Obama, Secretary of Labor Hilda Solis, and the US Department of Labor for proposing today to extend federal minimum wage and overtime protections to these caregivers.
The Obama administration issued a Notice of Proposed Rulemaking today inviting comment on proposed regulations to include an additional 2 million home care workers in the basic rights afforded under the Fair Labor Standards Act (FLSA). Currently a ‘companionship exemption’ in FLSA excludes home care workers who provide critical services such as monitoring vital signs and administering medications to aging seniors and people with disabilities.
The home care workers excluded from basic protections are part of a growing $70 billion industry which has doubled in size in the past decade. About 4 in 10 full time home care workers fall below the federal poverty line. These care providers do the work of supporting people with disabilities and America’s rapidly growing aging population. “The rights to be paid minimum wage and receive overtime pay are fundamental protections that should be available to all workers, including domestic workers who are providing vital services and supports that enable aging seniors and people with disabilities to live in their homes and communities,” said Ai-jen Poo, Co-Director of the Caring Across Generations campaign. “The proposed regulations recognize the importance of the work that caregivers perform and represent an important step towards ensuring both that these vital workers are treated with dignity and respect and that our loved ones receive the care that they need.”
Elizabeth Castillo, a member of the Direct Care Alliance, has been providing home care in El Paso, Texas, for more than a decade. “I earn less than $8 an hour, so without overtime pay I usually work at least 50 or 60 hours a week. If I got time and a half for overtime, I could work less and make a better life for myself and my family,” she says.
“As an employer, I know that the workers I depend on need to be included in the minimum wage and overtime protections provided by the Fair Labor Standards Act. These protections will elevate domestic work in a way that will be of direct benefit to me and millions of others relying on personal assistance, resulting in less attrition and more reliable and professional care,” said Sascha Bittner, a member of Hand In Hand: the Domestic Employers Association.
“The care provided by in-home workers is crucial to the quality of life for many families,” Labor Secretary Hilda Solis says. “The vast majority of these workers are women, many of whom serve as the primary breadwinner for their families.”
Today’s proposal from the Department of Labor follows an action last week to increase the employment of people with disabilities by federal contractors. “Taken together these two regulatory actions will also help realize the vision of the Americans with Disabilities Act of equality of opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities,” Poo added.
The Department of Labor will be taking comments on the proposed regulatory changes for 60 days. “The Department of Labor needs to hear from individuals and families who will benefit from these changes. We encourage all domestic workers, consumers, and anyone who has a loved one who needs in home care to join us in urging the Department of Labor to narrow the companionship exemption,” said Jodeen Olguin-Tayler, Field Director of the Caring Across Generations Campaign.
The proposed revisions were announced at a White House event today. Attendees included representatives of organizations that are a part of the Caring Across Generations Campaign: Tracy Dudzinski, Direct Care Alliance; Sascha Bittner and Robin Shaffert, Hand In Hand, the Domestic Employers Association; Karen Kulp and Iterra Blackshirre, Home Care Associates of Pennsylvania; Thelma Reta, National Domestic Workers Alliance; and Pauline Beck, Martha Cobos, and Gilda Brown, SEIU.
Caring Across Generations is a campaign to transform long-term care in the United States for our loved ones who count on the support of caregivers to meet basic daily needs, the workers who provide the support, and the individuals and families who struggle to find and afford quality long term care. America wants to be a nation where all workers take pride in the work they do, where hard work is valued, and where we take care of each other, across generations.