Feds To Appeal Ruling On Caregiver Wage Protections
The Obama administration will appeal a court ruling blocking regulations aimed at providing minimum wage and overtime protections for in-home care workers assisting people with disabilities.
The U.S. Department of Labor filed a notice of appeal with the U.S. District Court for the District of Columbia late last week indicating that it will contest a federal court ruling that put a stop to the changes.
At issue are regulations the Labor Department finalized in 2013 requiring that most of the nation’s 2 million home care workers receive at least the federal minimum of $7.25 per hour and qualify for time-and-a-half if they work more than 40 hours per week.
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The pay protections were set to take effect Jan. 1.
In a ruling earlier this month, however, U.S. District Judge Richard Leon said the Labor Department overstepped its authority by issuing the rule and that such changes would require action from Congress.
Leon’s decision was a win for trade groups representing agencies that employ many in-home care workers, which brought the challenge. Some self-advocates also praised the ruling for halting changes they said could make it difficult for people with disabilities to retain the support staff they need to live in the community.
Officials with the Paraprofessional Healthcare Institute, which represents in-home care workers, criticized the judge’s action saying that workers should not have to wait any longer for pay protections.