A “victory” for domestic care: DOL suggests resuming the companion's liberation

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On Monday, the US Ministry of Labor (DOL) proposed to reintroduce the liberation of camaraderie, which covers certain domestic employees within the framework of certain parts of the Fair Labor Standard Act (FLSA).

When you are completed, employees would be offered by comrades for the minimum wage and overtime rules of the federal government. According to a draft, the rule would also be released from live in-country services from overtime requirements.

The DOL defines “Companionship Services” as scholarships, care and protection, including household tasks such as cooking and easy housework, according to the Home Care Association of America (HCAOA).

“These are astonishing news for the home care industry,” said Jason Lee, CEO of HCAOA, in an explanation. “The HCAOA interest representation played an important role in re -hiring this exception, since our numerous meetings with members of the White House, the US Ministry of Labor, the US small businesses and the congress paid off.”

On May 9th, HCAA submitted a letter to Russell Vouht, the office for management and budget and budget director of the White House, and asked the administration to review and recommend the reinstatement of the exemption of the federal government, and found that “during the well-intentioned removal, this exemption had profound negative consequences for access to care.”

This exemption, which was founded in 1974 as part of the FLSA from the Congress according to the FLSA, excluded certain domestic workers who offer for the minimum wage and overtime protection for the accompanying services. In 2013, DOL updated the regulations to limit this exemption, which defines these services more precisely and prevent agencies from applying exemption.

As a result, many private agencies and state medical agencies have reduced the services of camaraderie to avoid overtime costs, HCAA reported. The DOL believes that the return to his interpretation of services before 2013 will benefit the providers.

“Many supervisors were ready to do without the time because most older adults were set,” said Bob Roth, managing director of Cypress HomeCare Solutions, in a LinkedIn post. “This topic is not just about labor policy, it's about constancy and dignity in nursing.”

Roth added that the effects on the nursing recipient were the most important unintentional consequence of the move of the DOL to change the accompanying exception for employers of third -party providers.

“Seniors want familiar, trustworthy supervisors, not a rotating door – if a nursing recipient opens a door for a nurse, open their lives for you. “But the agencies were forced due to overtime loads for employees with several caregivers. This proposed rule marks a turning point. It is not just a victory for agencies. It is a victory for older adults and their families who earn continuity, stability and safe, affordable care.”

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