Why Are Millions of Workers Excluded From Minimum Wages?

 

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The United States is a country where hard work is supposed to be rewarded. If you agree with that, would you be shocked to learn that there are more than 1.6 million homecare workers who are being denied federal minimum wage and overtime protections under current labor laws? And it is almost 2011!

Chew on this for a minute: More than 1 million hardworking Americans are legally denied basic labor rights most of us take for granted at this point. How did that happen, what can we do to change that?

It all goes back to The Fair Labor Standards Act (FLSA), which was enacted in 1938 to ensure a minimum standard of living for workers through the provision of minimum wage, overtime pay, and other protections - yet, domestic workers were excluded.

In 1974 the FLSA was amended to include domestic workers, such as housekeepers, full-time nannies, chauffeurs, and cleaners. However, people who were described as "companions to the elderly or infirm" were for some reason excluded from the law. They were compared to babysitters...

I love asking the question: If your elderly family member needed homecare to change herself, use the bathroom, get lifted from the chair to the sofa, and then have her meds dispensed at specific times; would you call the babysitter you call for date night with your spouse? Of course you wouldn't, so why does the government consider these hardworking homecare providers babysitters? Yeah, I don't know either.

In 2001 the Clinton Department of Labor finds that "significant changes in the home care industry" have occurred and issued a "notice of proposed rulemaking" that would have made important changes to this bizarre exemption. So, that was good news, right?

It was good news until W came to town. The Bush Administration terminated the revision process shortly after taking office. Thanks, W!

Then comes 2007: the US Supreme Court, in a case brought by New York home care attendant Evelyn Coke, upheld the DOL's authority to define this exception to the FLSA. In short, that means that this crazy archaic law can be reversed beginning with the DOL, today.COKE190.jpg

Before we get you to take action on this situation, please keep in mind that these million-plus workers are currently living at near poverty level earning a median income of $17,000 a year. Most of these workers, who both love their work and are good at their work, must have two and three jobs to just make ends meet. With this scenario in play, these workers are quick to burn out or leave their trade entirely. This ultimately comes back to the consumer who often finds it difficult to hire and retain high quality home care services.

Now we can take action to help this move through the DOL. Fire up your Facebook and Twitter accounts and get yourselves heard:

On Facebook, become a fan of the Department of Labor's Facebook page and post this message:
Secretary Solis, homecare workers deserve minimum wage and overtime protection. It's time to change the companionship exemption regulations: http://bit.ly/a5pF1e

On Twitter, copy, paste, and tweet this message:
@HildaSolisDOL, it's time to end the exclusion of home care workers from minimum wage and overtime exemption: http://bit.ly/a5pF1e

On Facebook, become a fan of this campaign's page: Homecare Workers Deserve Minimum Wage Protection.

After you become a fan, please suggest our page to all your friends.

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