FLSA to be extended to direct care workers
As announced on September 17, The U.S. Department of Labor will be extending minimum wage and overtime protection to direct care workers. These employees were formerly exempt from the Fair Labor Standards Act, because their jobs were categorized as "companionship services," a group that also includes babysitters. The FLSA will be extended to direct care workers employed by agencies, as well as third-party employers.
Six states in addition to the District of Columbia already require these employees be paid minimum wage, while fifteen states include both minimum wage and overtime protection for direct care workers. The change will go into effect as of January 1, 2015, giving states like California time to prepare. With roughly 360,000 workers in California's in-home care program, the California government estimates that overtime pay to compensate in-home care employee time may cost an extra $150 million annually, according to The Los Angeles Times.
Over the last few decades, the number of in-home direct care workers has risen dramatically as people choose to employ these individuals an alternative to facilities like nursing homes. Although direct care workers receive similar medical training to nurses, they are still among the lowest paid workforce members in the country, the DOL stated.
Despite general concerns about rising costs, labor rights activists are optimistic about the change.
"Congress intended that these hard-working individuals, whose labor is often physically and emotionally demanding, have the protection of our nation's most basic labor standards - the right to be paid a minimum wage and receive more for working overtime," Richard Trumka, president of the AFL-CIO, told The Times.
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