Home Care Workers Deserve Minimum Wage Protection

Congratulations! Thanks to people like you, 26,000 comments were submitted to the Department of Labor and 3/4 were in support of the proposed rule to end the exclusion of home care aides from minimum wage and overtime protections.

Let’s keep the pressure on to ensure a final rule is issued as soon as possible. Subscribe to our Action Alerts and we’ll let you know how you can help as we make this final push.

Value the Care, No.1 (pdf)

Why home care workers should not be exempted from the Fair Labor Standards Act

Value the Care, No.2 (pdf)

Fixing the “companionship exemption” will improve jobs

Value the Care, No.3 (pdf)

Fixing the companionship exemption will NOT make care too expensive

Value the Care, No.4 (pdf)

Myths & Facts about fixing the companionship exemption

Value the Care, No.5 (pdf)

The $84 billion home care industry can afford basic labor protections for workers

Value the Care, No.6 (pdf)

Home care jobs: the straight facts about hours worked

MAP: Labor Protections

Which states provide minimum wage and overtime to home care workers?

Frequently Asked Questions (pdf)

FAQ for the proposed reforms to the US DOL companionship regulations

Guide to US Home Care Workforce

Using the best data and research evidence available, this national report presents the most complete picture possible of America’s home care and personal assistance workforce–the fastest-growing workforce in our nation. read more»

Private-Duty Industry Association Studies of DOL’s Proposal to Revise FLSA’s Companionship Exemption (pdf)

Describes serious flaws in studies produced by private-duty associations.

Can home care companies manage overtime hours? (pdf)

Examines three successful models

Comparing Cost of Personal Care Services and Caregiver Pay (pdf)

Providers take in about twice as much as workers

Statement from PHI President Steven Dawson

PHI commends DOL Secretary Hilda Solis for proposing revised regulations to the companionship exemption.  read more»

Dawson on the Concerns of Business Owners

Let me begin by saying that PHI is the prime sponsor of two home care agencies, one in New York and one in Pennsylvania, in total employing more than 2,000 aides…  read more»

Steven Edelstein

PODCAST: Steve Edelstein, PHI national policy director, discusses efforts to extend minimum wage and overtime protections to home care workers and the expected benefits to continuity and quality of care.

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.

download podcast (mp3, 5.88mb)
Recorded: March 7, 2012
Duration: 06:25

Additional Resources

Source Title Description Date
PHI Official PHI Comments on Proposed Rule (pdf) As submitted via regulations.gov March 21, 2012
PHI Statement for the Record by PHI (pdf) For the Hearing on Ensuring Regulations Protect Access to Affordable and Quality Companion Care March 20, 2012
PHI Critique of NAHC/NPDA Membership Survey (pdf) Examines how the validity of the survey is undermined by shoddy methodology. February 16, 2012
National Council of La Raza Caring for Caregivers: Latinos in the Direct-Care Workforce (pdf) Overview of Latinos in the direct-care industry and how the companionship exemption affects conditions for these workers. February 3, 2012
National Domestic Workers Alliance Remarks by Ai-jen Poo (pdf) As given at US Department of Labor press briefing December 15, 2011
Eldercare Workforce Alliance letter Call for DOL to revise companionship exemption (pdf) EWA co-conveners Steven Dawson and Nancy Lundebjerg urge the DOL to take timely action and issue a revision to the FLSA companionship exemption. July 15, 2011
National Employment Law Project (NELP) “Fair Pay for Home Care Workers” (pdf) Makes recommendations regarding the reform of the US Department of Labor’s companionship rules under the Fair Labor Standards Act March 2011
Eldercare Workforce Alliance letter “EWA Says ‘Companionship Exemption’ Policy Needs Rethinking” (pdf) The 25 member organizations of the Eldercare Workforce Alliance (EWA) sent this letter (pdf) to DOL Secretary Solis and HHS Secretary Sebelius urging them to extend federal wage and overtime protection to home care workers. March 27, 2009
PHI letter to Obama Administration “Request that the U.S. DOL revise interpretation of the ‘Companionship Exemption’ for Home Care Workers” (pdf) Following the 2008 election, PHI sent this letter to the Obama Administration calling for an end to the “companionship exemption” for home care worker November 21, 2008

View stories about the companionship exemption from the PHI blog

Evelyn Coke (1934-2009) Plaintiff in Long Island Care at Home v. Coke

Timeline

1938 – The federal Fair Labor Standards Act (FLSA) is enacted to ensure a minimum standard of living for workers through the provision of a minimum wage, overtime pay, and other protections — but domestic workers are excluded.

1974 – The FLSA is amended to include domestic employees such as housekeepers, full-time nannies, chauffeurs, and cleaners. However, persons employed as “companions to the elderly or infirm” remain excluded from the law.

1975 – The Department of Labor interprets the “companionship exemption” as including all direct-care workers in the home, even those employed by third parties such as home care agencies.

2001 – The Clinton DOL finds that “significant changes in the home care industry” have occurred and issues a “notice of proposed rulemaking” that would have made important changes to the exemption. The revision process is terminated, however, by the incoming Bush Administration.

2007 – The US Supreme Court, in a case brought by New York home care attendant Evelyn Coke, upholds the DOL’s authority to define exceptions to FLSA.

2011 - On December 27, 2011, the US Department of Labor (DOL) issued a notice of proposed rulemaking that would end the exclusion of home care workers from minimum wage and overtime protections. The comment period on the proposed rule closed on March 21, 2012.

  • TODAY – The Coke ruling was 1808 days, 4 hours, 33 minutes, 56 seconds ago
  • and home care aides are still excluded from these important labor protections. PHI supports the DOL’s proposed rule to amend the companionship exemption and calls for the issuance of a final rule as soon as possible.

    Media Coverage

    Source Title Date
    BrainTrack Will Proposed Regulations Help Home Care Aides? May 16, 2012
    USA Today Home health care is one of the most profitable franchises May 7, 2012
    Orlando Sentinel Labor proposal would help boost home-health work force April 27, 2012
    New York Times editorial Keeping a Promise to Home Care Aides April 15, 2012
    WERE 1490AM Radio interview with PHI’s Steve Edelstein March 30, 2012
    Washington Post Home health aides deserve a living wage March 29, 2012
    American Prospect Hard Work Doesn’t Pay for Home-Care Workers March 22, 2012
    Newsday Watts: Home care workers deserve fair wages March 6, 2012
    Bloomberg Businessweek Growing Home Care Industry May Have to Raise Pay February 28, 2012
    Washington Times Home Care Workers Can Relieve the Stress of Caregiving February 23, 2012
    Huffington Post Looking Out for Homecare Workers, Looking Out for Our Future February 21, 2012
    USA Today High turnover affects home health care quality February 15, 2012
    New York Times Fair Pay for Home Care Workers February 8, 2012
    Sojourner Truth Program, KPFK Los Angeles Dr. Dorie Seavey Discusses the Companionship Exemption January 5, 2012
    Nation “Winning Basic Care for Care Givers” December 26, 2011
    New York Times “Fairness for Home Care Aides” December 25, 2011
    New York Times “Wage Protection Planned for Home Care Workers” December 15, 2011
    Associated Press “Plan Would Lift Wages of Home Care Workers” December 15, 2011
    USA Today “Obama Proposes Overtime Initiative” December 15, 2011
    San Jose Mercury News “Home care workers should not be exempt from minimum wage laws” December 5, 2011
    Huffington Post “Health Care Workers On Verge Of Winning Equal Rights, Higher Pay” December 1, 2011
    New York Times editorial “Fair Pay for Hard Work” November 25, 2011
    Economix blog, New York Times “The Depreciation of Care at Home” October 31, 2011
    Sargent Shriver National Center on Poverty Law “Home Health Aides Deserve Minimum Wage and Overtime Protections” October 25, 2011
    State legislators’ letter to DOL The FLSA should no longer exclude home care workers (pdf) August 12, 2011
    Patriot-News “Federal Law doesn’t treat home care workers fairly” July 24, 2011
    New York Times “A Fair Wage for Home Care Workers” July 20, 2011
    THE HILL’S Congress Blog “When companionship doesn’t pay” July 13, 2011
    HealthWatch: THE HILL’S Healthcare Blog “Effort to give home care workers labor protections gains steam on two fronts” June 16, 2011
    Newsday op-ed “OPINION: Home health workers need more pay protections” July 22, 2010
    New York Times letter Home Care Workers June 9, 2010
    New York Times editorial “Domestic Workers’ Rights” June 6, 2010
    New York Times letter “Home Health Workers” February 7, 2010
    New York Times editorial “Lilly and Evelyn” January 28, 2010
    New York Times “Evelyn Coke, Home Care Aide Who Fought Pay Rule, Is Dead at 74″ August 9, 2009
    New York Times editorial “Fair Pay for Caregivers” July 8, 2009
    Press Release from Senator Harkin “Harkin, Senators Urge Fairness for Home Care Workers” June 11, 2009
    New York Times editorial “Caring for Caregivers” January 27, 2009
    New York Times “Day in Court for Queens Home-Care Aide” April 17, 2007

    PHI board member Karen Kulp (center with glasses) was on hand as President Obama announced his support for narrowing the companionship exemption.

     

    Organizations Supporting Minimum Wage & Overtime Protections for Home Care Workers

    9to5, National Association of Working Women

    A Better Balance: The Work & Family Legal Center

    AARP

    Alliance for Retired Americans

    Alpha One

    Alzheimer’s Foundation of America

    American Association for International Aging

    American Association of People with Disabilities (AAPD)

    American Association of University Women (AAUW)

    American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)

    American Federation of State, County and Municipal Employees (AFSCME)

    American Federation of Teachers Program on Retirement and Retirees

    American Geriatrics Society

    American Rights at Work

    Arizona Direct Care Worker Association

    Association for Gerontology and Human Development in Historically Black Colleges and Universities

    Brazilian Immigrant Center

    Break the Chain Campaign at IPS

    Buffalo River Services

    Campaign for Community Change

    Caring Across Generations

    Catalina In-Home Services, Inc.

    Center for American Progress Action Fund

    Center for Community Change

    Center for Law and Social Policy (CLASP)

    Coalition of Labor Union Women

    Coalition on Human Needs

    Community Action Partnership

    Community Catalyst

    Community Voices Heard

    Cooperative Care

    Cooperative Home Care Associates

    Council on Social Work Education

    Direct Care Alliance

    Eldercare Workforce Alliance

    Epilepsy Foundation

    Experience Works

    Families USA

    Family Values @ Work

    Florida Immigrant Advocacy Center

    Florida Professional Association of Care Givers

    Focus Care

    Focus Health Educators, LLC

    Food Chain Workers Alliance

    From the Heart Companion Services

    Graham Behavioral Services

    Gray Panthers

    Great Livin’ LLC

    Green Praxis

    Halcyon Home Care

    Hand in Hand: The Domestic Employers Association

    Health Care for America NOW (HCAN)

    Home Care Associates

    Indiana Care Givers Association

    Influencing State Policy

    Institute for Policy Studies

    Interfaith Worker Justice

    International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, UAW

    Jobs with Justice

    Labor Justice Committee of El Paso

    Legal Aid Society

    Maine Center for Economic Policy

    Maine Women’s Lobby

    Make the Road New York

    MataHari: Eye of the Day

    Medicare Rights Center

    Mississippi Coalition for Citizens with Disabilities

    NAACP

    National Academy of Elder Law Attorneys

    National Active and Retired Federal Employees Association

    National Advocacy Center of the Sisters of the Good Shepherd

    National Alliance for Direct Support Professionals

    National Asian Pacific Center on Aging

    National Association of Area Agencies on Aging

    National Association of County Behavioral Health and Developmental Disability Directors

    National Association of Direct Care Workers of Color

    National Association of Nutrition and Aging Services Programs

    National Caucus and Center on Black Aged

    National Consumer Voice for Quality Long-Term Care

    National Council of Jewish Women

    National Council of La Raza (NCLR)

    National Council of Negro Women (NCNW)

    National Council of Women’s Organizations

    National Council on Aging

    National Day Laborer Organizing Network

    National Domestic Workers Alliance/ La Alianza National de Trabajadores del Hogar

    National Hispanic Council on Aging

    National Immigration Law Center

    National Indian Council on Aging

    National Network of Career Nursing Assistants

    National Partnership for Women & Families

    National Priorities Project

    National Senior Citizens Law Center

    National Women’s Law Center

    NCB Capital Impact

    NETWORK, A National Catholic Social Justice Lobby

    New Mexico Direct Caregivers Coalition

    North Carolina Justice Center

    Northwest Workersʹ Justice Project

    OWL – The Voice of Midlife and Older Women

    Paradise Home Care Cooperative

    Paso del Norte Civil Rights Project

    Pathways PA

    Pennsylvania Direct Care Workers Association

    PHI

    Philipino Workers Center

    Provincial Council of the Clerics of St. Viator (Viatorians)

    Public Justice Center

    Restaurant Opportunities Centers United

    Sargent Shriver National Center on Poverty Law

    Senior Service America, Inc.

    Service Employees International Union (SEIU)

    Society’s Assets

    Sociologists for Women in Society

    Sugar Law Center for Economic and Social Justice

    Taxi Workers Alliance of Pennsylvania

    The National Consumer Voice for Quality Long-Term Care

    Training Academy for Personal Caregivers and Assistants

    United Food and Commercial Workers

    United Steelworkers (USW)

    USAction

    Washington Community Action Network

    Washtenaw County Workers’ Center

    Weinberg, Roger & Rosenfeld

    Wider Opportunities for Women

    Wisconsin Direct Caregiver Alliance

    Women Employed

    Women of Color Policy Network, NYU Wagner

    Women’s Research & Education Institute

    YWCA USA

    President Obama Announces Home Care Rule Change

    In this announcement, President Obama declares his support for a new DOL rule that would end the “companionship exemption”: a DOL ruling that excludes home care workers from minimum wage and overtime.

    Walk a Day in My Shoes: Barack Obama

    In 2007, Senator Obama spent a day working alongside homecare worker Pauline Beck of Alameda, California, a mother of six children who earns $10.50 an hour and gets no sick time, overtime, or vacation pay.

    We Can’t Wait: Pauline Beck

    In 2007, then-Senator Barack Obama spent a day with Pauline Beck, a homecare worker. He worked alongside her, getting to know the daily life and concerns of a homecare worker. Now, as President, he has taken action that will require homecare workers recieve at least a minimum wage and overtime protections – which many were previously exempt from.

    Evelyn Coke Tribute Video

    Home care worker Evelyn Coke brought her fight for fair pay all the way to the Supreme Court. PHI released this video on the first anniversary of her passing.

    She loved the work, but she earned only around $7 an hour and got no overtime pay. For years Ms. Coke, a single mother of five, quietly grumbled, and then, quite uncharacteristically, rebelled. (New York Times)

    PHI Contacts

    Steven Edelstein
    PHI National Policy Director
    (718) 402-7413
    SEdelstein@PHInational.org

    Deane Beebe
    PHI Media Relations Director
    (718) 928-2033
    DBeebe@PHInational.org