Letter To Hilda Solis, Secretary Of Labor

Letter

Congressman Alcee L. Hastings sent the following letter to the Secretary of Labor Hilda Solis. The letter inquires about the basic fair labor protections for our nation's home health aides and urges change to the current system. Please find below and attached a copy of the letter:

March 2, 2009

Secretary Hilda Solis

U.S. Department of Labor

Frances Perkins Building

200 Constitution Avenue, NW

Washington, D.C., 20210

Dear Secretary Solis,

I write to congratulate you on your recent confirmation as Secretary of Labor and to convey a matter that is of critical importance to our nation's workers, elderly and disabled, and the future of our health care system.

At a time when unemployment rates are soaring, the home health industry remains strong and is one of the fastest growing employment sectors in the nation. And yet, home health aides, the heart and soul of this thriving industry continue to be deprived of the basic fair labor protections that were extended to other domestic workers thirty-five years ago.

A cornerstone of the New Deal, the Fair Labor Standards Act (FLSA) of 1938 was enacted to eliminate the burdensome low-wages and long hours that were compromising the productivity, health and well-being of our nation's workers. However, it would take thirty-six years before these provisions were extended to domestic employees, an occupation that was historically occupied by low-income women of color. Since FLSA's enactment, home health aides continue to be exempted from minimum wage and overtime standards that are afforded to other domestic workers.

Proponents of this exemption argue that home health aides or "companions" should not be subject to FLSA protections because their services cannot be categorized as trained, professional work. The definition of companion remains notoriously ambiguous and inaccurately interprets home health aides as individuals who simply engage in relationships with their patients, rather than contracted medical and domestic service workers.

Companions provide a variety of medical and domestic services to patients that include everything from administering medications to cooking meals and providing routine personal care. Some are Certified Nursing Assistants (CNA's) or have completed state accredited courses and training. What's more, most home health aides are employed by home health care or independent living agencies that receive Medicare and Medicaid funding.

In an attempt to fully modernize the treatment of domestic workers under the law, the Clinton Administration proposed a series of guidelines that would clarify the notion of "companionship" and make all home health aides that were medically trained or employed by a home health care agency subject to overtime and minimum wage provisions under the FLSA.
However, the Bush Administration withdrew all of these proposals and rejected the notion that companions who are medically trained and work for home health care companies should be covered under the FLSA. The Bush Administration argued that the proposed changes would have an adverse economic impact on the government, disabled and health care agencies. And, there was no attempt to offer suggestions on how to resolve inconsistencies in the definitions of companionship and domestic labor.

Far from being beneficial to our economy and small businesses, former President Bush's actions have placed the chronically ill and disabled and low-wage workers that service them in jeopardy. The facts are clear. The large aging population and cost effectiveness of home health care have caused the demand for home health aides to increase. However, susceptibility to injury, low-wages, demanding schedules, frequent travel and lack of benefits cause high turnover rates among home health aides: a profession that continues to be predominately women of color with families.

As you begin your tenure as Secretary of Labor, I urge you to address this important issue and help bring long awaited change to our nation's labor and health care system. Thank you for your consideration, I look forward to working with you on this and many other important issues facing our nation. With warm personal regards, I remain,
Sincerely,

Alcee L. Hastings
Member of Congress

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