RI Among Worst in Country for In-Home Care Workers
Monday, January 02, 2012
Rhode Island’s in-home care workers are among the employees in more than two dozen states that will benefit from new rules proposed by the U.S. Department of Labor that would provide minimum wage and overtime protections for nearly two million workers who provide in-home care services for the elderly and infirmed.
In December, President Obama introduced new rules that would force all states to provide what he called a “fair wage” to those who provide in-home health care services such as tube feeding, wound care, or assistance with physical therapy.
The announcement was part of a series executive actions the Obama Administration took late in the year in an effort to strengthen the economy and move the country forward because we can’t wait for Congress to act.
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“The nearly 2 million in-home care workers across the country should not have to wait a moment longer for a fair wage,” Obama said when he introduced the executive order. “They work hard and play by the rules and they should see that work and responsibility rewarded. Today’s action will ensure that these men and women get paid fairly for a service that a growing number of older Americans couldn’t live without.”
New Classifications
In Rhode Island, in-home care workers are classified as “companions” and are exempt from the Fair Labor Standards Act’s minimum wage and overtime pay requirements. In total. 29 states do not include home health care workers in their minimum wage and overtime provisions
When established in 1974, the exemptions were meant to apply to babysitters and companions for the elderly, but there has been increased demand for long-term in-home care, and as a result the in-home care industry has grown substantially.
The Department of Labor estimates that more than 1.79 million home care workers are now professional caregivers. In view of this changed landscape, the Obama administration viewed the exemptions as too broad.. Of the 1.79 million home care workers, 1.59 million are employed by staffing agencies of which over 92% are women, nearly 30% are African American, 12% are Hispanic and close to 40% rely on public benefits such as Medicaid and food stamps.
The new rule will expand minimum wage and overtime protections by ensuring that all home care workers employed by third parties, like staffing agencies, will receive protections. It would also ensure that those employed by families and performing skilled in-home care work, such as medically related tasks for which training is typically a prerequisite, are covered.
"The care provided by in-home workers is crucial to the quality of life for many families," said Secretary of Labor Hilda L. Solis. "The vast majority of these workers are women, many of whom serve as the primary breadwinner for their families. This proposed regulation would ensure that their work is properly classified so they receive appropriate compensation and that employers who have been treating these workers fairly are no longer at a competitive disadvantage. "
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