A predominately female and minority workforce has finally gained protection under federal labor lawsthat has been ensured to other factions of the workforce for decades. The Obama Administration announced in September that the Fair Labor Standards Act (FLSA), which won’t take effect until January 1, 2015, will now entitle most direct care workers (health workers, personal care aides and certified nursing assistants) to federal minimum wage and over time pay protection.
FLSA is far from new – in 1974 it was expanded to include domestic workers who provided “care and fellowship” to the elderly and disabled in their homes. Unfortunately, “care and fellowship” was left to the interpretation of employers. Many home care workers who worked 12-hour days feeding, bathing, clothing, and providing medical care to their clients were denied their basic rights due to the ambiguity of what “care and fellowship” actually means. The home health industry includes nearly 2.5 million workers – making it one of the largest occupations in the US.