Labor Secretary Urges Governors to Prepare for Home Care Rule Despite Court Challenge
Members | April 02, 2015
Despite a pending appeal of a lower Federal court’s decision to vacate the U.S. Department of Labor’s rule that would provide home care workers minimum wage and overtime benefits under the Fair Labor Standards Act, Secretary of Labor Thomas Perez sent a letter to all 50 governors urging them to prepare for implementation of the rule as they undertake their annual budget planning process.
Despite a pending appeal of a lower federal court’s decision to vacate the U.S. Department of Labor’s rule that would provide home care workers minimum wage and overtime benefits under the Fair Labor Standards Act,
Secretary of Labor Thomas Perez sent a letter to all 50 governors urging them to prepare for implementation of the rule as they undertake their annual budget planning process.
The letter, dated March 20, noted that the appeal will be “fully submitted” in early May, after which time, the Court of Appeals for the DC Circuit could issue an opinion at any time.
The secretary stressed to states that “fair wages for home care workers and independent living [for service recipients] are not mutually exclusive.”
He also emphasized the need for states to consider alternatives to “inflexible state caps” on the number of hours personal assistants may work as they may violate the Americans with Disabilities Act and the U.S. Supreme Court’s Olmstead decision.