U.S. Supreme Court Decision on the Fair Labor Standards Act (FLSA)
On Mon., June 27th it was announced that the United States Supreme Court declined to hear a challenge to the FLSA Home Care Rule. The Supreme Court's refusal to hear the challenge means that the FLSA rule will remain intact and fully in effect across the entire home care industry. This includes all self-direction programs.
U.S. Secretary of Labor Thomas Perez said in his press release, "Until this rule, this growing and increasingly important group of workers who provide compassionate and competent care to our aging parents and to family members with disabilities were left out of the American promise of a fair day’s pay for a hard day’s work. It undermines America’s basic bargain when an estimated 40 percent of home care workers rely on public assistance to make ends meet. These are dedicated and skilled workers, and they deserve to be paid as such.
"In 2011, in keeping with our statutory authority, we began a process to update the rules and provide home care workers with the same minimum wage and overtime protections enjoyed by most workers in the country, including those who perform the same duties in nursing homes. We did so in a transparent manner, consistent with the requirements of the federal rulemaking process, accepting and carefully considering public comments. The Home Care Final Rule is legally sound, and it was the right thing to do.
"Today’s decision by the court not to review a challenge to the Final Rule ensures that the rule can fulfill President Obama’s vision of an economy where hard work pays off and responsibility is rewarded.”
Contact: Cheryl Udell, cudell@leadingageny.org, 518-867-8871