On the Supreme Court’s Decision Not to Hear the Home Care Industry’s Appeal

Following is a statement from Christine Owens, executive director of the National Employment Law Project:

“The Supreme Court’s decision to deny certiorari in the case of Home Care Association of America v. Weil is a major victory for America’s more than two million home care workers.

“By denying certiorari, the Supreme Court leaves in place an appeals court decision upholding the U.S. Department of Labor’s home care rule, which extends federal minimum wage and overtime pay protections to the nation’s home care workers.

“For the first time since the Labor Department erroneously exempted these workers from the Fair Labor Standards Act in 1975, America’s home care workers—mostly low-income women of color—have unequivocal assurance that the law is on their side, and that at last, they have the fundamental federal fair-pay rights most other U.S. workers have long enjoyed.

“Home care workers, who provide services and supports that enable older adults and people with disabilities to remain as independent as possible in their homes, have long endured poor working conditions and low wages. Federal protection under FLSA creates a foundation from which we can transforming these jobs into good, quality jobs in order to meet our nation’s ever-increasing demand for caregivers for an aging population.

“NELP is proud to have fought alongside courageous workers and a diverse group of allies to extend these federal labor protections to the home care workforce. As the regulation continues to be implemented throughout the country, we will work to ensure full compliance in all 50 states.”


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