Respect for Home Care Workers

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Tell DOL home care workers deserve minimum wage and overtime protections

Evelyn Coke President Obama and the U.S. Department of Labor (DOL) have announced a proposed rule that would extend basic labor protections to home care workers. DOL has now collected comments from the public on the rule and is deciding whether to enact it as is, with some changes, or not at all.

Since 1938, the Fair Labor Standards Act has guaranteed American workers several basic rights, including minimum wage and overtime pay. However, home care workers are exempted from these basic protections, considered mere “companions."

In 2007, a home care worker named Evelyn Coke (pictured) challenged the companionship exemption in court. Coke had provided essential care to the elderly for years for just $7 an hour, sometimes working as many as three consecutive 24-hour periods with no overtime pay. Her case went all the way to the U.S. Supreme Court, which ruled that it was up to Congress or DOL, not the courts, to change the rule.

In publishing the proposed rule, DOL has taken a critical step to finally end this injustice.

Learn more about the fight to grant basic labor rights to home care workers.

News and Updates

DCA's press release on the proposed rule

A DCA/NELP editorial on the rule

A link to the proposed rule and background on the issue from the U.S. Department of Labor

The Financial Realities for Direct Care Workers, a DCA fact sheet

A fact sheet from the National Employment Law Project explains the proposed rule

A USA Today feature on the healthy profits being protected by home care franchises fighting the proposed rule

Additional coverage and resources