Direct Care News: Why all my fellow home care workers deserve overtime pay

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For direct care workers and their allies

May 21, 2013

Why All My Fellow Home Care Workers Deserve Overtime Pay

James O'Hara

I'm a direct care worker at Graham Behavioral Services in Augusta, Maine, providing in-home support for adults with mental illness. The average person off the street can't do this work. It requires someone with a lot of patience and a lot of creative thinking. But some people don't think of what we do as a real job.

Congress amended the federal Fair Labor Standards Act (FLSA) in 1974 to include "domestic service" workers like nannies and housekeepers, but it included a loophole we home care workers have been stuck in ever since, defined as "companions." That means we're not guaranteed even minimum wage or overtime pay, unless we happen to live in one of the 15 states that have their own laws mandating them. Read more from James O'Hara.

Direct from Washington, D.C.

Pregnant Workers Fairness Act Reintroduced: On May 14, Senators Robert Casey (D-PA) and Jeanne Shaheen (D-NH) and Representatives Jerrold Nadler (D-NY), Carolyn Maloney (D-NY), Jackie Speier (D-CA), Susan Davis (D-CA) and Marcia Fudge (D-OH) reintroduced the Pregnant Workers Fairness Act (H.R. 5647) in the U.S. Senate and House of Representatives. The bill would require employers to make the same kinds of accommodations for pregnancy, childbirth and related medical conditions that they already make for disabilities. This will help to ensure that pregnant workers--including direct care workers--don't have to risk their wages or job because of pregnancy. Learn more about the bill and read the letter DCA signed in its support.

Advocating for Medicaid Expansion Under Health Care Reform

Jessica Brill Ortiz

Hundreds of thousands of direct care workers have no health insurance because they cannot afford pricey premiums and copays, yet they're not eligible for coverage under Medicaid, the joint federal-state health care program for low-income Americans. The Affordable Care Act (ACA, also known as health care reform or Obamacare) provides important ways for these workers and other low-income individuals and families to get affordable health care coverage.

Unfortunately, resistance from state lawmakers and others opposed to key aspects of the law is limiting access to affordable health care in some states. That's why Direct Care Alliance, our members and allies are advocating for affordable health care through the ACA--and we hope you'll join us! Read more from DCA's Jessica Brill Ortiz.

Quick Links

Direct from the Headlines

Good news from Minnesota: the state Senate passed a bill that would give home care workers the right to collective bargaining, and an excellent new kin care law lets Minnesota workers use paid sick days to care for more than just children.

Register now for a free May 23 Consumer Voice webinar on how immigration reform would improve access to quality home care.

Oregon home care workers are waiting to see if they'll get their first raise in six years.

The city of Birmingham, England, may require all home care workers to be paid at least £7.45 (about $11.50) an hour.

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.