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Home Care Workers Deserve Minimum Wage and Overtime Protections

| Mar 1, 2012

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Every day, nearly three million home care workers in the United States help the elderly and people with disabilities get the daily assistance they need. These workers make it possible for those in need to bathe, get dressed, eat, take medications and more, all while allowing them to stay independent and healthy within the comfort of their own homes and communities.

Yet despite the invaluable assistance home care workers provide, too many are paid poverty-level wages and offered few benefits, which results in undue hardship for them and their families. Ninety percent of these workers are women, and nearly half are forced to rely on public assistance to make ends meet.

These unacceptable circumstances are in part due to a loophole created by the Department of Labor’s regulations interpreting the Fair Labor Standards Act. The existing regulations exclude home care workers from the basic minimum wage and overtime protections that cover most other workers. The exclusion has denied workers fair compensation and threatened families’ economic security for much too long.

That’s why we are so pleased that the Obama administration has proposed a rule that would put an end to the exclusion and provide some welcome and overdue financial security for millions of home care workers. The move will have a profound impact on these families while improving working conditions and the quality of care in an industry that is growing as the country’s population ages.

This is very good news for women, families and our economy, but the details of the rule have yet to be determined. Right now, the Department of Labor is accepting public comments on the rule to help define key provisions and its implementation. The deadline for submitting these comments is Monday, March 12th.

Considering what is at stake for home care workers and their families, it is critically important that the department sees that there is broad-based support for a strong rule that ensures minimum wage and overtime protections for home care workers. The National Partnership will submit comments on the importance of extending these basic rights, particularly for women and families. We urge you to join us by sending your own words of support for the department’s proposed rule here.

Establishing worker protections like this is critical for families and for the future of our country. The home care workforce has been grossly undervalued for much too long. This new rule will help ensure that millions of these women and men, who provide essential care to children, parents, grandparents and others in need, will be more fairly compensated for their critical work. It’s time.

About the Author

Sarah Crawford

Sarah Crawford

Sarah Crawford is the Director of Workplace Fairness Programs at the National Partnership for Women & Families, where she handles issues surrounding fair pay, pregnancy discrimination, sexual harassment, equal opportunity, and other matters that impact working women and their families. She also co-chairs the Employment Task Force of the Leadership Conference on Civil and Human Rights.

Immediately prior to joining the National Partnership, Crawford worked as an attorney with the Lawyers’ Committee for Civil Rights Under Law in Washington, D.C. As senior counsel for the Employment Discrimination Project, she litigated employment discrimination cases at trial and on appeal. She co-authored over twenty amicus curiae briefs filed before the United States Supreme Court. Crawford also worked on legislation and policies aimed at strengthening equal employment opportunity protections, including the Lilly Ledbetter Fair Pay Act. In this capacity, she testified before Congress and the Equal Employment Opportunity Commission.

Prior to joining the Lawyers’ Committee, Crawford worked with the U.S. Department of Labor for five years. As an attorney with the Office of the Solicitor’s Civil Rights Division, Crawford litigated employment discrimination cases and provided advice on policy matters.

Crawford received her undergraduate and law degrees from William and Mary in Williamsburg, Va.