NDWA's response to the proposed DOL Rule Change
The U.S Department of Labor is proposing a change to the “companionship rule”, which would lead to the denial of the right to federal minimum wage and overtime for home care workers. Home care agencies would no longer have the legal duty to pay minimum wage or overtime for home care workers they employ. This would be true no matter if the agency has clients who privately pay for services or are Medicaid beneficiaries. This rule change would be a devastating setback for the direct care workforce and for all domestic workers.
The Department of Labor is attempting to say that domestic and care work are not “real work” and are not a skilled profession that deserves labor rights and protections. We know that this is not true! We also know that this is just the latest in a series of attacks against domestic workers and all working people under the current administration. They are cutting Medicaid funding in the federal budget to starve the public care system, and they are deregulating labor protections for workers. The beneficiaries of these policies are the ultra rich, at the expense of everyone else.
In response to the Department of Labor’s request for comment, the position of the National Domestic Workers Alliance (NDWA) is:
The Department of Labor should keep the 2013 home care regulations because home care workers, those who provide assistance with activities of daily living and instrumental activities of daily living, are covered under the Fair Labor Standards Act. The 1974 amendments cover care workers when “domestic work is their vocation,” and the work they perform is skilled and demanding.
Companionship services should be narrowly defined only to include “fellowship” & “protection” as defined by the 2013 Final Home Care Rule. The definition of companionship services should not include “care” because care work is fully covered under the FLSA.
Returning to the 1975 regulations would reduce access to home care services and decrease the supply of qualified home care workers, worsening the direct care work shortage and exacerbating the crisis.
The only way to address worker shortages is to increase investment in Medicaid Home and Community Based Services (HCBS) and mandate employers pay home care workers family sustaining wages of at least $20/hr.
Third-party employers should not be able to take advantage of the “live-in” or “companionship services” exemptions, as these exemptions were only intended to apply to members of the household and not businesses/organizations.
You can find a full copy of our submitted comment here!