U.S. Department of Labor Proposes to Rescind FLSA Minimum Wage Protections for Home Care Aides

(Sept. 9, 2025) LeadingAge National submitted public comment opposing the U.S. Department of Labor's (DOL) proposed rule to eliminate Fair Labor Standards Act (FLSA) minimum wage and overtime protections for home care workers and asked the federal government to instead leverage recent Trump administration initiatives – including those focused on workforce development and apprenticeships – to positively impact the current home care workforce crisis.

While rescindment of the rule would likely not have significant impact in NY due to its home care minimum wage requirement, the rule might still impact overtime protections. LeadingAge National is opposing the rule, as both government and the health care sector consider aide services a primary occupation and not casual in nature as was the perspective in 1975. Further, rescindment of the wage requirement would have a significant negative impact on the delivery of services to the rapidly expanding population of older adults, when we need to expand support and investment in home and community-based services.

LeadingAge National's press statement can be found here and article on the proposed rescindment here.

Contact: Meg Everett, meverett@leadingageny.org