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ACTION ALERT: U.S. Department of Labor Home Care Rules: Key Considerations for Develo
ACTION ALERT: U.S. Department of Labor Home Care
Rules: Key Considerations for Developing an Exceptions Process for
April 26, 2016 - The Bazelon Center - together with worker advocacy
organizations - today issued U.S. Department of Labor Home Care Rules:
Key Considerations for Developing an Exceptions Process for Overtime Caps.
This brief is intended to provide people with disabilities, seniors, and
home care workers information needed to advocate for a robust exceptions
process if their state has or is considering placing caps or limits on
worker overtime as they implement the new home care rules.
New home care rules requiring most home care workers to be paid overtime
have recently gone into effect. In implementing these new rules, some
states have, or are considering, policies that place limits or caps on
home care worker overtime. The Departments of Justice and Health and
Human Services have made clear that states could violate the Americans
with Disabilities Act and the Supreme Court's decision in Olmstead v. L.C.
if they their overtime caps or limits could lead to cuts in services that
force people with disabilities into institutions or cause a decline in
their health and safety that places them at serious risk of
institutionalization. To comply with the ADA and Olmstead, states with
policies limiting or capping overtime must have an exceptions process for
people at serious risk of institutionalization. (For more information see
Guidance from DOJ and HHS.)
"Advocates should fight hard against limits or caps on worker overtime,"
said Alison Barkoff, Director of Advocacy at the Bazelon Center. "But if
a state ultimately decides to implement such a policy, advocates should
demand that their state complies with federal law by adopting a robust
exceptions process available to people who could be seriously harmed by
such policies." To assist with advocacy efforts, in addition to today's
brief, the Bazelon Center has previously issued Action Steps for
Consumers and Advocates Regarding the Home Care Rule.
For more information about the new home care rule and implementation, see:
Bazelon Center home care webpage:
Department of Labor home care webpage: http://www.dol.gov/whd/homecare/