Archive for ‘Minimum wage and overtime for home care workers’

Worker Rights Champion Confirmed as Solicitor for the U.S. DOL

Posted by David Ward on February 16th, 2010 at 6:58 pm | 1 Comment »

Patricia Smith

We are excited to report that the Senate confirmed President Obama’s appointment of M. Patricia Smith as Solicitor of the U.S. Department of Labor.

This is great news for direct care workers because Ms. Smith has a proven track record as a champion for American workers. In her new position, she will be responsible for enforcing national labor laws. The DCA is hopeful that she will make the extension of federal wage and overtime protections to home care workers a top priority once she takes office.

Related material

The New York Times story on Patricia Smith’s appointment

New York Times Calls for Justice for Home Care Workers

Posted by Elise Nakhnikian on January 31st, 2010 at 2:55 pm | No Comments »

Evelyn Coke

The DCA’s battle for justice for home care workers got a powerful assist on January 29 when a New York Times editorial called on President Obama to right the wrong that leaves home care workers without minimum wage and overtime protections under the federal Fair Labor Standards Act. If he does not do so, the editorial urges the Congress to pass a bill named for Evelyn Coke, the home care aide whose challenge to that injustice made it all the way to the U.S. Supreme Court.

“Lilly and Evelyn” points out that the first bill President Obama signed into law was the Lilly Ledbetter Fair Pay Act, which overturned a Supreme Court decision denying a woman restitution for having been paid her less than her male colleagues for years. “It is past time for Mr. Obama to see that similar justice is done for Evelyn Coke,” the editorial states. Continue reading »

Why So Many of Us Don’t Have Health Care Insurance

Posted by Don Krutsinger on November 11th, 2009 at 12:53 pm | 4 Comments »
Don Krutsinger

Don Krutsinger

I work as a direct support professional with developmentally disabled adults in residential settings. One thing I have in common with just about all my coworkers is that we need to work more than 40 hours a week to make ends meet – and even so, too many of us can’t afford our employers’ health care coverage.

With the recent cutbacks by our state (Minnesota), most of our residential programs have cut out overtime and cut down the number of full-time positions, reducing the number of positions that receive health insurance and paid time off. That means nearly all of us have to work two to three jobs to make ends meet. Chances are, we don’t get enough hours from any one of them to qualify for health insurance. That’s a difficult, demoralizing way to live, especially for those of us who are dedicated to direct support work and have invested years of our lives in our careers. Continue reading »

Direct Care Workers in the News

Posted by Elise Nakhnikian on October 27th, 2009 at 1:58 pm | No Comments »
Daniel Escojido

Daniel Escojido

DSP Chronicles Profiles Daniel Escojido

Daniel Escojido, a 26-year-old direct support professional who is the house manager for a group home is Ponca City, Oklahoma, is profiled in the October issue of The DSP Chronicles. “Is he mature beyond his 26 years? For sure!” says his supervisor in Tom King’s article. “Some people in this field have got it, and some don’t have it. Daniel’s got it.”
He was inspired to join the field by his mother, Maria, who provided in-home supports for the elderly. “I saw and watched and heard how she talked with them, the difference she made in their lives and how she loved them and they loved her and I’ve never forgotten that,” he told the publication.

 

Boston Globe Honors Evelyn Coke, Calls for “Decent Pay” for Home Care Workers

An editorial in Sunday’s Boston Globe pays tribute to Evelyn Coke and warns that “many thousands of Evelyn Cokes” will soon be added to the workforce — and they must be paid “a decent wage.” Continue reading »

Let’s Honor Evelyn Coke in Death as She Should Have Been Honored in Life

Posted by Elise Nakhnikian on August 26th, 2009 at 9:15 am | No Comments »
Evelyn Coke

Evelyn Coke

“I met Secretary Solis several months ago and we talked about Evelyn Coke. ‘That’s just the kind of worker I want the Department of Labor to speak for,’ she told me,” writes Ellen Bravo in a tribute to Coke published by The Women’s Media Center on August 14.

Writing about Coke’s life and Supreme Court case after Coke’s death, Bravo calls on women’s groups and others to “honor Evelyn Coke posthumously as she should have been honored every day in her work.

“Justice for the Evelyn Cokes of this world will have a price tag,” Bravo acknowledges. “But the cost of injustice—poverty for full-time caregivers in one of the fastest growing fields of employment and one with a large turnover—is much higher.”

Evelyn Coke, Pioneer in the Fight for FLSA Protection for Home Care Aides, Dies at 74

Posted by Elise Nakhnikian on August 10th, 2009 at 1:38 pm | 4 Comments »
Evelyn Coke

Evelyn Coke

“Year in and year out, Evelyn Coke left her Queens house early to go to the homes of elderly, sick, often dying people. She bathed them, cooked for them, helped them dress and monitored their medications. She sometimes worked three consecutive 24-hour shifts,” starts an article in yesterday’s New York Times.

“She loved the work, but she earned only around $7 an hour and got no overtime pay,” the article continues. “For years Ms. Coke, a single mother of five, quietly grumbled, and then, quite uncharacteristically, rebelled. In a case that reached the Supreme Court in 2007, Ms. Coke sued to reverse federal labor regulations that exempt home care agencies from having to pay overtime.”

Ms. Coke was 74.

The obituary made note of the letters sent by senators and members of the house asking U.S. Secretary of Labor Hilda Solis to eliminate the exemption.

The Senate letter mentioned Coke by name, noting: “Evelyn Coke, who took a case all the way to the Supreme Court, spent two decades working more than 40 hours a week caring for others,” the senators wrote. “Yet, when she suffered from kidney failure, she could not afford a health care worker to take care of her.”

“Evelyn Coke’s courage was the inspiration for the DCA’s campaign to fix the FLSA exemption,” says DCA Executive Director Leonila Vega. “Her passing renews our commitment to addressing this gross injustice, whereby millions of hard working Americans are left out of basic minimum labor protections. There is no better way to honor Evelyn Coke than for policymakers to improve the lives of home care workers by amending the companionship definition.”

Stand Up and Be Heard: My Meeting with the U.S. Department of Labor

Posted by Tracy Dudzinski on August 5th, 2009 at 4:21 pm | 3 Comments »
Tracy Dudzinski

Tracy Dudzinski

Before this year I’d never been to Washington, D.C., but my work with the DCA has brought me there a lot. My latest visit was on July 24, when I met with staff from the Department of Labor (DOL) about the rule that excludes home care workers from the Fair Labor Standards Act (FLSA). I went with Leonila Vega, the DCA’s executive director, and Vera Salter, the chair of our board of directors.

It was a real learning experience for me. Once again, as often happens in my work with the DCA, I was reminded of how important it is for direct care workers to stand up and tell their stories.

In my hotel room the night before, I read and re-read the information Leonila had given me to share with the DOL staff. I wanted to be prepared, so I would represent my profession and my fellow direct care workers well.

Continue reading »

New York Times Calls for Fair Pay for Home Care Workers

Posted by Elise Nakhnikian on July 9th, 2009 at 1:08 pm | No Comments »

Act now! If you haven’t already sent Secretary Solis a letter urging her to extend Fair Labor Standards Act coverage to home care workers, visit our Legislative Action Center now and send one in. It will only take a minute of your time.

A strongly worded editorial in yesterday’s New York Times echoes the DCA’s call to the U.S. Department of Labor (DOL) to extend federal minimum wage and overtime protection to home care workers

Fair Pay for Caregivers starts by outlining the DOL ruling and Supreme Court decision that led to the exclusion of home care workers from the Federal Fair Labor Standards Act. It then describes the House and Senate letters sent to Secretary of Labor Hilda Solis as a result of the DCA’s campaign. The editorial explains why failing to ensure that home care workers get fair pay is not only unfair to workers but also costly to taxpayers, who foot the bill for the food stamps and other public assistance that many home care aides must rely on. “The public pays in other ways, too: turnover is high, undermining the quality of care and driving up overall costs,” the editorial notes.  

Continue reading »

Department of Labor Looking into Including Home Care Workers in FLSA

Posted by Elise Nakhnikian on June 12th, 2009 at 11:01 am | 1 Comment »

Secretary Solis
Secretary Solis

U.S. Secretary of Labor Hilda Solis says her department is looking into its interpretation of the Fair Labor Standards Act to see if the current exemption of home care workers should be overturned.
 
The Associated Press reported that the Secretary’s announcement came a day after 15 senators sent her a letter asking her to reverse the ruling. That letter followed another letter sent to Secretary Solis in May by 37 members of the House of Representatives, in an effort spearheaded by the Direct Care Alliance.

Secretary Solis told the AP her department is looking at whether its regulations “effectively express the statutory exemption,” though she did not say when a decision will be made.

“As secretary of labor, I intend to fulfill the department’s mandate to protect America’s workers, including home health care aides, who work demanding work schedules and receive low wages,” she said.

If you haven’t already done so, please visit the DCA’s Legislative Action Center now. It just takes a minute to send Secretary Solis a letter asking her to reverse the ruling and extend minimum wage and overtime protection to home care workers.

Elise Nakhnikian
Communications Director
Direct Care Alliance

DCA Effort Gains Momentum as Senators Demand Minimum Wage and OT for Home Care Workers

Posted by Elise Nakhnikian on June 11th, 2009 at 4:15 pm | 3 Comments »

Add your voice to the growing chorus! If you haven’t already sent Secretary Solis a letter of your own, visit our Legislative Action Center now and send one in. It will only take a minute of your time.

Senator Tom Harkin

Senator Tom Harkin

A powerful group of senators has joined the effort the DCA has been spearheading to extend minimum wage and overtime protection to home care workers.

Fifteen senators led by Tom Harkin (D-IA) have asked U.S. Department of Labor (DOL) Secretary Hilda Solis to grant basic labor protections to home care workers. The senators — including Edward M. Kennedy (D-MA), Chuck Schumer (D-NY), Arlen Specter (D-PA), and Robert P. Casey, Jr. (D-PA) — sent the Secretary a letter yesterday.

Last month, after the DCA brought a group of direct care workers and their allies to Capitol Hill to ask legislators for their  support, 37 members of the House of Representatives sent Secretary Solis a letter asking for the same fix.

The senators sent their letter two years after a U.S. Supreme Court ruling upheld a contested DOL interpretation of the federal Fair Labor Standards Act. The Supreme Court ruled that home care workers could be excluded from coverage on the basis that they provided “companion” services.

“In the three decades since the exemption was created, the numbers of home care workers and their responsibilities have expanded dramatically as the population has aged and more and more people are choosing long-term care services in their homes rather than in institutions,” the Senate letter says. “It is critical that these professional workers, who provide essential services to our nation’s elderly and disabled, have the same right to minimum wage and overtime pay as enjoyed by other workers.”

The DCA thanks all the advocates and long-term care stakeholders who have joined home care workers in this effort.  

Elise Nakhnikian
Communications Director
Direct Care Alliance