The Eldercare Workforce Alliance (EWA) has written to U.S. Secretary of Labor Hilda Solis, asking her to correct a Department of Labor ruling that leaves home care workers without protection under the federal Fair Labor Standards Act (FLSA).
Twenty-five of the group’s 28 members endorsed the request. It was the first policy matter EWA has supported, other than endorsing the Institute of Medicine (IOM) recommendations inRetooling for an Aging America: Building the Health Care Workforce and in S245, the Senate bill of the same name, which was drafted to enact recommendations made by the report.
In the Alliance’s press release about the letter, EWA co-convener Nancy Lundebjerg says: “The Alliance believes that an important part of improving the quality of care is ensuring the recruitment and retention of a quality workforce, which includes paying adequate wages to home care and other eldercare workers. Strengthening home care occupations can also drive long-term economic growth, particularly within low-income communities.”
“It is gratifying to see the variety and depth of support for fixing the overtime and minimum wage exclusion for home care workers coming from so many of the Elder Workforce Alliance members,” says Direct Care Alliance National Advocacy Director Roy Gedat. “The Direct Care Alliance is thankful for the support of the EWA for an issue that is our number one priority.”
EWA was established in response to the IOM report. Its mission is to bring together consumers, family caregivers, direct care workers, and health care professionals to propose ways of strengthening the entire elder care workforce, including geriatricians, licensed nurses, and allied health professionals as well as direct care workers.
Its letter asked Secretary Solis to change the ruling that categorized home care workers as “companions,” thus exempting them from the FLSA minimum wage and overtime pay rules that apply to most U.S. workers. It also asks the Department of Labor to get input from key stakeholders – including direct care workers and family caregivers – before making the appropriate amendments.
In its letter, which it also sent to Kathleen Sibelius, the new Secretary of the U.S. Department of Health and Human Services (HHS), EWA asked Secretary Solis to work closely with HHS in managing any increases in public funding that might come about as a result of the change.
Elise Nakhnikian
Communications Director
Direct Care Alliance



I have a certified nursing assistant school in Calhoun, GA. We educate students of all ages to become certified. Some work in hospitals, nursing homes, and in homes as aides.
Without this group of care workers we would find it very hard to complete our ADL’s because of the shortage of nurses. These caregivers are the most skilled and respected by the clients who need them. They are not just companions.
With more of the population aging, who are we going to depend on to take care of them? Will it be nurses and doctors coming to give us baths, feed, dress, check our vital signs everyday in our home NO! It will only be the care givers that get paid nothing for giving 24/7. Look at nursing homes, hospitals, and other medical faculities. You will see more and more CNA’s, PCT’s and home aides.
Someone in Washington better wake up because you just might need that person you call a companion — who really should be called our new-day “guardian angel.” Without them, you might not live.