Many have expressed opposition toward the proposed amendment of Fair Labor Standards Act (FLSA) that would change the companionship exemption. Currently, the exemption does not require that home care aids, nurses and care givers receive minimum wage or overtime pay.
The Department of Labor (DOL) has announced that it intends to revise the regulations for companionship services to the aged or infirm. The changes would update the scope of companionship exemption to reflect updated standards since the regulations have not been altered in 35 years and the home healthcare industry has evolved and grown. The U.S. Census Bureau released data that home care has become one of the fastest-growing industries, earning $84 billion in 2009, up from $40 billion in 2001, according to the Washington Times.
In particular, the DOL aims to update the scope of training that's required to qualify for a companionship exemption as well as include a guideline for the amount of household work an employee can perform without losing the exemption.
Seniors, caregivers, agencies and families are all concerned about the impact of the amendment, which could result in huge costs for overtime employee attendance, the source reports. The private home care industry worries that removing the companionship exemption could reduce the quality of care while increasing the financial burden of those requiring it.
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