The Department of Labor (DOL) has sought to improve working conditions for home care workers by implementing a rule that grants these workers minimum wage and overtime protection. When the rule was finalized in September 2013, NCLR and its allies declared it a long-overdue victory for two million home care workers. Despite a full notice-and-comment process, accepting and considering tens of thousands of public comments, and an unprecedented 15-month implementation period, Judge Richard Leon of the U.S. District Court for the District of Columbia blocked the rule in January. In response, DOL has filed an appeal to the U.S. Court of Appeals for the D.C. Circuit.
We firmly support boosting wages for home care workers, and last week we joined in the submission of an amicus brief to support DOL in its appeal of Judge Leon’s ruling. Twenty percent of home care workers are Latino. Fair pay would not only help reduce high turnover in this industry, but would also bring stability and higher-quality care to those who depend on home care workers.
“The Supreme Court has already decided that DOL was well within its authority to grant these much-needed protections to home care workers. To continue to stall implementation of these rules—basic labor protections that home care workers have been excluded from for 40 years—is not only unjust, it is a slap in the face to those who we rely on to care for our loved ones,” said Eric Rodriguez, Vice President of the Office of Research, Advocacy, and Legislation at NCLR, in a statement. “Home care workers have waited long enough for fair pay. Further delay of these regulations is unacceptable.”
The legal underpinnings of DOL’s appeal are firm and we are confident in standing with the department. As the case makes its way through the legal system, we will continue to work with the states to help them build on the groundwork laid to implement these rules.