Department of Labor: at-home companions must be paid overtime

by Walter Olson on September 20, 2013

Had you heard that disabled-rights activists have staged demonstrations in Washington, D.C. to protest a new Obama administration initiative? Not only that, but the disabled-rights activists are right.

At issue is an awful scheme by the Obama Labor Department, newly headed by Secretary Thomas Perez, to abolish most of the “companionship exemption” to federal wage and hour laws, which has up to now reasonably recognized that serving as a live-in or semi-live-in paid attendant to a sick, elderly or disabled person is not really the same sort of thing as working twelve-hour days on a factory assembly line. I’ve got a new post at Cato at Liberty looking at some of the consequences we can expect from making it far more expensive to provide a kind of round-the-clock care that often keeps people out of nursing homes. More: Bloomberg.

Some background on the controversy, beyond the links in the Cato post: National Council on Disability (a federal disability-advocacy agency that was not entirely prepared to toe the line in favor of the new regs); Stephen Miller, Society for Human Resource Management; Kaiser Health News; Disability Law (“disability rights groups… fear that substantially raising the cost of personal assistance services without increasing Medicaid reimbursements will force people with disabilities into nursing homes”); PHI and Direct Care Alliance (promoting regs); National Association for Home Care and Hospice and more (commercial group opposed); ADAPT (disability rights group opposed).

More reactions: Bill McMorris/Free Beacon, Jon Hyman, Trey Kovacs/Workplace Choice.

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Department of Labor: at-home companions must be paid overtime |
09.23.13 at 9:06 am
Overtime for live-in health companions, cont'd - Overlawyered
09.25.13 at 7:15 am


1 Mike 09.20.13 at 9:37 am

This has the odor of an SEIU initiative.

2 DensityDuck 09.22.13 at 11:39 pm

Mike: Totally. All those billable hours just slipping through their fingers. And of course you can’t expect the clients to pay for that, so here comes Uncle Sugar with another Medicare expansion.

Look for lots of stories about “these people work all day caring for the vulnerable elderly! We have to make sure they get paid their fair wage!

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