Major Win For Labor: Home Care Workers Added To Fair Labor Standards Act

In Los Angeles one week ago, an energized AFL-CIO convention passed a resolution calling for raised wages for low-income workers. As of today, one goal of that resolution has been achieved.  From AFL-CIO Resolution 10:

Minimum Wage and Overtime for Home Care Workers. We will work for a regulation to clarify that wage and hour protections apply to home care workers.

The Obama administration announced today the extension of minimum wage and overtime protection for nearly 2 million home care workers. 

Advocates for low-wage workers have pushed for this change, asserting that home care workers, who care for elderly and disabled Americans, were wrongly classified into the same “companionship services” category as baby sitters — a group that is exempt from minimum wage and overtime coverage. Under the new rule, home care aides, unlike baby sitters, would be protected under the Fair Labor Standards Act, the nation’s main wage and hour law.

The exemption for home care workers originally stems from a 1974 Labor Board ruling; and while it is commonly asserted to be aimed at babysitters, it’s important to note that the industries affected are overwhelmingly (92%) staffed by women. It is also an industry in which 40 percent of employees rely upon public assistance programs such as Medicaid and food stamps, despite many working full time hours. So in a sense, this victory for Labor is also a victory for fiscal responsibility.

But don’t go thinking it will win in any praise from conservatives. In response to the draft rule, House Republicans John Kline (MN) and Tim Walberg (MI) warned that this would lead to reduced hours for workers, higher taxpayer costs, and unaffordable services for seniors. Fortunately, however:

[Laura] Fortman of the wage and hour division said 15 states now provided overtime and minimum wage protection to home care aides. “We have not seen any evidence that it has resulted in job loss or any serious negative impact for the workers or for the people using the services,” she said.

Unfortunately, the rule will not take effect in the usual 60 days, but will instead be delayed until January 2015 to give families and employers time to adjust.

By: Sandi Behrns

Sandi Behrns is a noted policy nerd, new media & web developer, and consultant to progressive organizations and campaigns. She is a senior contributor to Liberaland, and the Executive Editor of Progressive Congress News.