Labor & Industry pushback against proposed home care changes

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(The Center Square) - The Pennsylvania Department of Labor and Industry is leading a coordinated response from 23 states to proposed rollbacks by the U.S. Department of Labor.

The rollbacks would undo an Obama-era change, reverting regulations to those drafted in 1975. The impact would include removing overtime protections as well as the $7.25 federal minimum wage requirement for home health workers.

The agency says the move would improve costs for home health care providers and stimulate growth in the struggling industry.

The proposal was met with immediate resistance from labor advocates and health care organizations when it was announced in July. The period for public comment, however, did not open until Tuesday when comments drafted by the Shapiro administration were announced.

The commonwealth is joined by California, Colorado, Connecticut, District of Columbia, Hawaii, Illinois, Massachusetts, Maryland, Maine, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington in its comments opposing the change.

“Home care workers are essential workers who care for our loved ones and allow many Pennsylvanians to remain in their homes and live independently,” said L&I Secretary Nancy A. Walker.

Those working in home care in Pennsylvania would be unaffected by the law due to protections already in place by the state. Among the states included in the comment, Pennsylvania has the lowest minimum wage by several dollars, matching the federal rate. The average rate for home care workers is about twice that, according to the Pennsylvania Homecare Association.

The comments say that the change would “expose millions of workers to wage theft and other violations, undermining recruitment and retention and destabilizing a fast-growing home care sector that helps older adults live independently and age with dignity.”

The department says that nearly 200,000 people are employed in the home care industry in the state, with the field expected to grow along with the population of aging Pennsylvanians. The state’s policy leaders in aging and health care advocate for home care as a cost-effective alternative to nursing homes, arguing that living independently has better outcomes for the physical and mental wellbeing of elderly and disabled individuals.

“In Pennsylvania, home care workers employed by agencies remain protected by state minimum wage and overtime protections, but if the Trump Administration is able to rescind this rule at the federal level, it will weaken protections for millions of workers across the country,” said Walker. “The Shapiro Administration values our homecare workforce and will continue to stand up for Pennsylvania workers.”