U.S. Sen. Pat Roberts (R-KS) and Rep. Tim Walberg (R-MI) filed a court brief this week on behalf of Congress, protesting proposed labor rules threatening to undermine the quality and affordability of in-home care for seniors and disabled individuals.
The Amicus brief was filed in the case of the Home Care Association of America; International Franchise Association (IFA); National Association for Home Care & Hospice v. David Weil, Administrator of the Wage and Hour Division, U.S. Department of Lab (DOL) or; Thomas E. Perez, Secretary of Labor; U.S. Department of Labor.
The U.S. Court of Appeals for the District of Columbia Circuit is expected to start hearing oral arguments in the case on May 7.
At issues is whether the DOL Wage and Hour Division’s Application of the Fair Labor Standards Act to Domestic Service rule would affect the companionship exemption to the Fair Labor Standards Act (FLSA).
The elderly and disabled currently have a companionship exemption that allows them to hire and schedule whomever they want for home care without limiting them to a 40-hour work week before having to follow the DOL’s overtime rules. They also do not have to follow the FLSA’s record-keeping requirements when employing home care workers.
“This rule is not practical, and attempts to impose burdensome and costly labor requirements in the home where standards must remain flexible due to the individual nature of care for those in need of companion care,” Roberts said. “This is regulatory overreach gone array.”
The brief was also signed by Senate Majority Leader Mitch McConnell (R-KY); Health, Education, Labor and Pensions Committee Chairman Lamar Alexander (R-TN); and Sens. Roy Blunt (R-MO), Marco Rubio (R-FL), John Boozman (R-AR), Mike Enzi (R-WY), Johnny Isakson (R-GA) and Richard Burr (R-NC). U.S. Rep. Lynn Jenkins (R-KS) also offered her backing of the brief.
“For decades, Congress has preserved the broad exemption for companion care workers because it ensures seniors and individuals with disabilities have access to affordable care in the comfort of their homes,” Walberg said. “The Department of Labor’s attempts to eliminate the exemption will increase costs and limit access to in-home care for vulnerable Americans. The appeals court should not add to the regulatory burden of companionship services and hurt the families who rely on them for care.”