WASHINGTON, D.C. — U.S. Sen. Sherrod Brown (D-OH) applauded the announcement by the U.S. Department of Labor (DOL) that direct care workers will now fall under protection of the Fair Labor Standards Act (FLSA). Following the ruling, Brown offered the following statement:
“This is excellent news for the nearly two million direct care workers who every day provide for our senior citizens and those who are sick, injured, or have disabilities,” Brown said. “The Fair Labor Standards Act is about protecting those who work hard, play by the rules, and deserve fair pay, fair hours, and fair opportunity in the workplace. Today’s decision by the Labor Department helps to ensure that direct care workers receive each.”
DOL’s Wage and Hour Division announced a final rule extending the FLSA’s minimum wage and overtime protections to direct care workers beginning January 1, 2015. The ruling will help to eliminate the need for many of the country’s nearly two million direct care workers to rely on public assistance; a reason the industry suffers from high turnover. Greater stability in the industry will help it grow and provide better service to the senior citizens and sick, injured, or disabled who depend on it.
In 1974, Congress amended FLSA to include domestic service workers, but not “companions” who provide fellowship and protection. Over time, this has unfortunately been interpreted as almost any person working in the home care industry. DOL’s ruling clarifies the exemption to better reflect Congress’ original intention.
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