Hilda Solis

A July 9 New York Times editorial calls for home care aides to receive minimum wage and overtime protections under the Fair Labor Standards Act. As the Times notes, in 2007, the Supreme Court upheld a 1975 labor regulation that defined home care aides as “companions,” but that regulation can be reversed anytime by Secretary of Labor Hilda Solis. This is the second editorial the Times has published on the issue; the first appeared in January 2009.

This second editorial was spurred in large part by “Dear Colleague” letters from both the U.S. House and Senate to Secretary of Labor Solis—part of an advocacy campaign organized by the Direct Care Alliance–urging the Secretary to re-consider the companionship exemption.

PHI applauds the Times for continuing to pressure the Department of Labor to ensure that home care workers are provided with minimum wage and overtime protections. PHI worked extensively with the Times editorial staff, providing the backround data for both editorials.

The July 9 editorial follows closely on a June 26 article in the Wall Street Journal, “Political Shift Revives Dispute over Overtime Pay,” that highlighted the companionship exemption issue. In his letter to the Wall Street Journal, PHI President Steven Dawson’s reiterated support for FSLA protections, while also noting the importance of “minimizing disruption” for employers and consumers. “In the end,” however, he notes, “the needs of some can never be justified by continued exploitation of others.”