The Direct Care Workforce Empowerment Act (S. 3696), introduced in the Senate, would grant home care workers coverage under the Fair Labor Standards Act. A similar bill, H.R. 5902, has also been introduced in the U.S. House of Representatives.
The proposed legislation would ensure minimum wage and overtime protections for workers employed for more than 20 hours per week. It would also enhance federal and state data collection on the direct care work force and establish a grant program for states to improve the recruitment, retention and training of such workers.
Workers who provide at-home companionship services to aged or disabled individuals unable to care for themselves have been exempted from such protections under the FLSA since its adoption in 1974.
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