Direct Care News: Advocates urge OMB to complete review of home care rule

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For direct care workers and their allies

April 16, 2013

Advocates Urge OMB to Complete Review of Home Care Rule

Janis Durick

The White House Office of Management and Budget (OMB) reached the 90-day deadline yesterday for its review of the proposed regulations to extend minimum wage and overtime protections to home care workers, but the regulations are still pending. Meanwhile, advocates continue to urge the White House to finalize the regulations soon.

In The Hill's Congress blog on April 11, Direct Care Alliance Board Chair Tracy Dudzinski and Caring Across Generations co-director Ai-jen Poo discuss the racism that forced the original drafters of FLSA to leave out the predominantly African-American domestic workforce. "It is time to close the loopholes in the Jim Crow-era deal that institutionalized these workers as second-class citizens who can be denied the most basic workplace rights," they write.

And in an April 10 editorial in the Pittsburgh Post-Gazette, home care agency owner Janis Durick explains why employers who say they can't afford to pay home care aides a fair wage and overtime pay are mistaken. Read more.

Direct from Washington, D.C.

Letter to Congress Calls for Immigration Reform: Direct Care Alliance signed onto a letter urging members of the U.S. Congress to pass full and fair immigration reform, providing a direct, inclusive and accessible path to citizenship for all 11 million undocumented immigrants in the U.S. Immigration reform is an important issue for the direct care workforce, given the significant percentage of direct care workers who are not U.S. born. Many "gray market" home care workers lack proper authorization to be in the country, which leaves them vulnerable to exploitation. Immigration reform could also allow many more immigrants to join the direct care workforce, helping to satisfy our fast-growing demand.

House Bill to Change FLSA Protections Introduced: On April 9, U.S. Representative Martha Roby (R-AL) introduced the Working Families Flexibility Act (H.R.1406). The bill would amend the federal Fair Labor Standards Act to provide the option of compensatory time off (comp time) instead of overtime pay to workers in the private sector--including direct workers--who work overtime. Despite its name, however, the bill fails to guarantee workers the flexibility they need to take their preferred method of compensation (either comp time or overtime pay) when they want it. It also leaves them vulnerable to certain types of abuse and coercion. Learn more.

Employers: Sign Up Your Workers to Become DCA Members

Brenda Nachtway

The people I know who own or manage home care agencies, nursing homes, hospices and other places that provide long-term care and services are always looking for ways to give their direct care workers a little something extra, to show that they know how hard they work and how important they are. Nursing assistant appreciation days, staff picnics, and gas cards are all good ways to thank your staff, but I have another idea for you: Pay their annual fees to join Direct Care Alliance.

Read more from Brenda.

Quick Links

Direct from the Headlines

A recent webinar on how to improve career opportunities for immigrant home care workers can be heard or downloaded as a PDF here.

A new issue brief published by The Consumer Voice--with help from DCA's Jessica Brill Ortiz--explains how immigration reform benefits home care consumers and workers.

Did you know the federal government does not require any training at all for personal care aides? Find out what states require in this PHI report.

Why paid sick days matter to service providers--including direct care workers--and all who rely on them.

Direct Support Professional Association of Minnesota President Bridget Siljander thanks the legislature for DSP raises and asks for more training, starting at 40:48 in this video of a Minnesota House Health and Human Services Finance Committee hearing.

The Direct Care Alliance is the national advocacy voice of direct care workers in long-term care. We empower workers to speak out for better wages, benefits, respect, and working conditions, so more people can commit to direct care as a career. We also convene powerful allies nationwide to build consensus for change.

If you have comments on this issue of The Direct Care News or ideas for future issues, please contact Elise Nakhnikian at 646-823-7434, enakhnikian@directcarealliance.org.