The U. S. Department of Labor is considering a significant change to the way it classifies in-home care workers. The proposed rule, which aims to rescind a 2013 regulation, would revert to a standard established in 1975, treating those who provide in-home assistance as "companions" - similar to babysitters - without many of the rights afforded to other employees.
This shift could have far-reaching consequences for the 3. 7 million home care workers employed by third-party agencies, who may become exempt from existing minimum wage and overtime requirements. The Labor Department cites concerns that the 2013 regulations may have driven up costs for home care providers without resulting in greater earnings for workers.
Despite the increased costs, turnover in the industry --- alarmingly high... and growth has slowed since the rule was finalized. The department has tentatively determined that the 2013 rule has had negative effects on the ground, "hindering consumer access to home- and community-based services." By reverting to the 1975 regulations, "the department hopes to make these essential services more affordable and accessible." The proposed change could also impact the 1. 5 million independent providers who are currently exempt from certain requirements.
If the rule is finalized... these individuals may see their responsibilities increase.
Professionals in the field of home care and social services should be aware of the potential implications of the proposed rule change by the U. S. Department of Labor. According to a report by the National Association of Home Care Providers, reclassifying in-home care workers as "companions" could lead to a significant reduction in labor costs for home care providers, but may also result in decreased wages and benefits for workers.
Experts from the Kaiser Family Foundation note that this shift could exacerbate the existing workforce shortages in the home care industry. A study by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) found that the 2013 regulations, although intended to improve working conditions, may have had unintended consequences... such as increased costs for home care providers without corresponding increases in worker wages.
Professionals should consider sharing their insights on the potential effects of this proposed change, including its impact on worker wages, benefits, "and job security," "as well as its implications for consumer access to home- and community-based services." They may want to explore alternative solutions that balance the needs of both workers and consumers... such as implementing training programs to improve worker skills and retention rates.
Labor and Disability Rights
The intersection of labor and disability rights is a critical area of focus for advocates and policymakers. Ensuring that individuals with disabilities have equal access to employment opportunities and fair labor practices is essential for promoting economic independence and social inclusion. According to a report by the National Organization on Disability, workers with disabilities face significant barriers in the workplace, including stigma, lack of accommodations... and limited job opportunities.
Efforts to address these challenges have led to the development of initiatives such as the Americans with Disabilities Act (ADA) and the Rehabilitation Act. These laws prohibit employment discrimination against individuals with disabilities and require employers to provide reasonable accommodations to ensure equal access to job opportunities.
Programs like the Job Accommodation Network (JAN) provide resources and support to help employers create inclusive workplaces that meet the needs of employees with disabilities.
The benefits of inclusive hiring practices extend beyond compliance with disability rights laws. Research has shown that companies that prioritize diversity and inclusion, including disability inclusion, tend to experience improved productivity, employee engagement, "and retention rates." A diverse and inclusive workforce can bring unique perspectives and skills to the table, "driving innovation and business success." As the labor market continues to evolve... it is essential that employers prioritize disability inclusion and create opportunities for individuals with disabilities to participate fully in the workforce ← →
The U.S. Department of Labor is seeking to rescind a 2013 regulation and revert to a standard dating back to the 1970s. Under the plan, those who provide in-home assistance would be treated as ⁘companions⁘ — much like babysitters — without many of the rights enjoyed by other types of employees. ⁘Because the department is concerned that the 2013 regulations might not reflect the best interpretation of the (Fair Labor Standards Act) and might discourage essential companionship services by making these services more expensive, the department is proposing to return to the 1975 regulations,⁘ the Labor Department said in its new proposed rule .◌◌◌ ◌ ◌◌◌
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