Director of Workplace Fairness
Every day, nearly three million home care workers in the United States help the elderly and people with disabilities get the daily assistance they need. These workers make it possible for those in need to bathe, get dressed, eat, take medications and more, all while allowing them to stay independent and healthy within the comfort of their own homes and communities.
Yet despite the invaluable assistance home care workers provide, too many are paid poverty-level wages and offered few benefits, which results in undue hardship for them and their families. Ninety percent of these workers are women, and nearly half are forced to rely on public assistance to make ends meet.
These unacceptable circumstances are in part due to a loophole created by the Department of Labor’s regulations interpreting the Fair Labor Standards Act. The existing regulations exclude home care workers from the basic minimum wage and overtime protections that cover most other workers. The exclusion has denied workers fair compensation and threatened families’ economic security for much too long.
That’s why we are so pleased that the Obama administration has proposed a rule that would put an end to the exclusion and provide some welcome and overdue financial security for millions of home care workers. The move will have a profound impact on these families while improving working conditions and the quality of care in an industry that is growing as the country’s population ages.
This is very good news for women, families and our economy, but the details of the rule have yet to be determined. Right now, the Department of Labor is accepting public comments on the rule to help define key provisions and its implementation. The deadline for submitting these comments is Monday, March 12th.
Considering what is at stake for home care workers and their families, it is critically important that the department sees that there is broad-based support for a strong rule that ensures minimum wage and overtime protections for home care workers. The National Partnership will submit comments on the importance of extending these basic rights, particularly for women and families. We urge you to join us by sending your own words of support for the department’s proposed rule here.
Establishing worker protections like this is critical for families and for the future of our country. The home care workforce has been grossly undervalued for much too long. This new rule will help ensure that millions of these women and men, who provide essential care to children, parents, grandparents and others in need, will be more fairly compensated for their critical work. It’s time.
I know how those home care workers feel so exhausted big burden job! I used to take care of my dear mom for 2 1/2 years; then 15 years later I took care of my dear dad for 2 1/2 years till they died. I did not earn any money for that and they were poor no money to pay me for that. I go for “Home Care Workers Deserve Minimum Wage and Overtime Protections” Thanks, Julia Russell
I really appreciate the message of your blog and completely agree with the intent. My organization at the University of Michigan conducts research, service and advocacy related to women’s employment, among other things. So I searched to find the particular proposed rule you were referring to and found it at:
http://www.gpo.gov/fdsys/pkg/FR-2011-12-27/pdf/2011-32657.pdf
Unfortunately, it looks like the comment period for the proposed rule ended on Feb. 27th.
Is there another proposed rule with a comment deadline of March 12th that I overlooked?
Dear Beth,
Thanks for your kind words of support!
You’re right, the original comment period ended on February 27 — however, the Department of Labor decided about a week ago to extend the comment period by an additional 14 days. You can find more information here: https://www.federalregister.gov/articles/2012/02/24/2012-4147/application-of-the-fair-labor-standards-act-to-domestic-service
I worked in Home Health care for 30 years…Yes, they will start you at minimum wage,,a lot of retail stores do that. I also worked for people who cared about their employees..I was always paid according to my experience and level of education…I was a trained LPN from the Air Force. I was 3 points from acing their ability tests. There are many good agencies out there who do care about their employees. Find one that cares..talk to the interviewer. ask questions…It is exausting, compassionate and empathic work. As a HHA, CNA, LPN or an RN, you need to want to work the industry not just for a patcheck..That does exist
You have to work over 40 hours a week to get overtime, like any other job…Every assignment is based on a contract between the nursing company and the client. It is possible to work more than 1 assignment if the one does not come up to 40 hours..Tell your boss that you are willing to work 2 assignments, they will do it if they have it..This industry is also based on cooperation from the employee. Keep a clean record, do your job, do not create any crap between you the client and your boss.
I have taken care of a ex for 12 yrs– when I was called because he had broken his hip and was asking for me — I went for 2 weeks and stay3ed for 2 months — he wanted to go home with me. So he gets 24-7-365 days a year. He has problems that he can not be leFT a lone at all. And I have health insurance, I have 134 hrs a month for whitch I am paid for at $10.67 a hour which is a big help for us both. I am 76 and very lucky that our state is trying to keep our seniors and our handicapped at home , and indepentent.
As usual, this country puts no value on the its hardest working, lowest paid citizens.
After caring for my Mother who had Alzheimers for over ten years while I worked full time, raised two kids and went back to college for three years. By the time I was able to work without other obligations limiting my choices, I was too old and disabled and now my children must care for me. I have little money as I was paid zip to care for my Mom all those years. Working around everyone elses’ schedules and Moms constant needs, I am still paying off old debts and will do so until the day I die. Boy do I wish I had brothers and sisters to help! Oh, yea, I do. Where were they? Nowhere to be seen until it was time to divvy up the money.
This is why the caretaker needs to be paid. I did it for free because I refused to ‘deal’ with my siblings about Moms estate years before she died. It’s not right to discuss these things so long before someone dies. All I ever asked for a small vacation period each year but no one ever had time. They were too busy making themselves rich and their visits were really just pit stops using her home as a free hotel and a chance to pick up a few mementos. It’s really a shame when at the end of ones’ life, some family members refuse to accept their own responsibilities. But it’s evidently a very common thing to happen. Everyone has their own nightmare story to tell.
I was not conned into caring for Mom. I was honored to be there for her. But why should I be living in utter poverty because I did the responsible thing? I worked mostly overtime hours for over forty years and now I need my entitlements. That entitlement issue is focusing on the wrong points. Our entitlements don’t need to be cut. They need to be doubled just to allow someone to barely exist.
My children take wonderful care of me and I couldn’t be more blessed but every dollar I cost them is taken right out of their retirement. They may be relying on their children one day. What will they do if S.S. is ended? Did I tell you that Moms’ Mom had Alzheimers? It’s a family thing and generational thing. It’s very, very expensive to care for an Alzheimers patient. And it’s becoming more and more prevalent. The only alternative is paying $5,000-$10,000 per month for a nursing home. And the drool pills that nursing hime doctors prescribe to CALM THE PATIENTS (So they can cut the staff to a bare minimum). It’s a scam. The finest hotel room and a private nurse would cost less. It’s a scam that needs to be stopped.