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Home Care Aides Now Covered Under Wage and Overtime Law

By Peter Levine posted in Employment Law, Unpaid Overtime on October 22nd, 2013

Wage protections for nearly two million home care workers

The Obama administration recently announced that home care aides would be covered under the Fair Labor Standards Act, thus extending minimum wage and overtime protections to the nation’s nearly two million home care workers who care for the elderly and disabled.

According to industry experts most of these aides are already paid at least the minimum wage, but many do not receive a time-and-a-half overtime premium when they work more than 40 hours a week. Currently, about 20 states exclude home care workers from their wage and hour laws.

Some industry officials are claiming the changes would cause increases in Medicaid and Medicare spending, and raise costs for families that use these services, thus resulting in fewer jobs for home care workers.

Andrea L. Devoti, chairman of the National Association for Home Care and Hospice, said the higher costs resulting from the new rule would lead many people to hire home care aides part time rather than full time. “Caregivers will in the end receive less pay,” she said.

15 states now provide overtime and minimum wage protection

Ms. Fortman of the administration’s 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.

Labor Secretary Thomas E. Perez said in a statement, “Today we are taking an important step toward guaranteeing that these professionals receive the wage protections they deserve while protecting the right of individuals to live at home.”

The administration announced the change 21 months after first proposing the rule and after having received 26,000 public comments. Many labor advocates criticized the administration for the time it took to issue its final rule. Labor Department officials responded that reviewing the comments and holding related public meetings took time.

Even though regulations usually take effect 60 days after being issued, the administration said the new regulation would not take effect until Jan. 1, 2015, in order to give families that use these attendants, as well as state Medicaid programs, preparation time.

Peter K. Levine

A Professional Law Corporation

www.employmentforall.org

Domestic Worker Bill of Rights Approved by State Legislature

By Peter Levine posted in Employment Law, Unpaid Overtime on September 19th, 2013

Could mark a huge step forward for domestic worker rights

The California State Legislature has approved a bill, “AB-241,” also dubbed the Domestic Worker Bill of Rights, that could mark a huge step forward for domestic worker rights in the state and could make California the second state in the nation after New York to pass such a bill.

Introduced by Democratic Assembly member Tom Ammiano, the bill guarantees overtime pay for domestic workers who work more than nine hours per day or 45 hours per week.

“Growing up, I saw first-hand how hard domestic workers labor without basic worker protections that most of us take for granted,” said coauthor Senator Kevin de León in a press release about the passing. “My mother worked her fingers to the bone cleaning other people’s homes. I’m proud to be a coauthor for this long-overdue measure which will end the historic exclusion of this industry from overtime pay.”

The Senate has approved the bill with amendments 22-12, with the Assembly approving the changes shortly after. Governor Brown now has until October 13 to sign the bill.

Should Brown sign it, he will then convene a committee to review the success of the bill. Lawmakers will have three years to make it permanent.
Brown killed a similar bill last year, arguing that it would place an extra burden on employers, particularly with low-income, elderly or disabled individuals who need constant care.

Senate version focuses on overtime pay for workers

Initially AB-241 included other worker rights, such as meal breaks, sick days and workers’ compensation. The amended version created by the Senate focuses strictly on overtime pay.

“We obviously believe these workers should have all of these rights, but the overtime is by far the most important element we were looking for,” explained Ammiano Communications Director Carlos Alcalá. “We’re happy to go forward with the bill as it is.”

The bill has seen support across the state. In March, hundreds of housekeepers, child-care providers, as well as other domestic workers marched in protest of worker’s rights.

Ammiano’s office said that the bill “rights a historic wrong.”

“Senate passage of the Domestic Workers Bill of Rights is one more step in a movement to make sure these workers get the kind of labor protections they deserve,” wrote Ammiano. “This movement is taking place all over the country and won’t be over until domestic workers rights are spelled out in every state. When this bill gets final approval and signature, California will be a leader in that movement.”

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