PHI Comments on NPRM: Application of the Fair Labor Standards Act to Domestic Service

Yesterday, September 2, marked the close of the comment period for a proposed U.S. Department of Labor rule on course to strip minimum wage and overtime protections from home care workers across the nation. The rule would reinstate a Fair Labor Standards Act (FLSA) exemption for home care workers, reversing nearly a decade of progress and perpetuating historically rooted views about whose labor deserves to be valued and protected and whose does not. PHI has submitted formal comments urging the DOL to withdraw its unjust and short-sighted proposal.

For too long, home care workers—a workforce that is 85 percent women and 64 percent people of color—were denied fundamental labor rights under FLSA. In 2013, the Home Care Final Rule corrected this long-standing injustice, rightfully extending FLSA protections to these essential, skilled workers who provide critical support to older adults and people with disabilities.

Now, the DOL is seeking to undo that progress. Their proposed rule misreads the text of the FLSA and the intent of Congress, mischaracterizes available evidence, and ignores the decade of successful implementation of these fundamental rights.

The reality is that home care is complex, skilled, and often demanding labor. There are more than 2.9 million personal care aides and home health aides in the U.S. who assist millions in their homes, allowing them to live with independence and dignity. Their work also enables many family caregivers to remain in the workforce. To devalue their contribution by removing basic protections is not only a moral failure but also a damaging policy choice that will worsen the existing shortage of direct care workers. Specifically, stripping these protections will undermine professional recognition, erode job quality, and make it even harder to recruit and retain the workforce our country desperately needs.

“The DOL’s proposed rule is completely at odds with long-standing efforts to expand access to home and community-based services and support family caregivers,” said PHI’s Vice President of Research and Evaluation, Kezia Scales, PhD. “We cannot hope to build up our nation’s care infrastructure while dismantling its central component—a stable home care workforce. By denying basic labor protections for this essential workforce, we will not be able to attract, honor, and retain the skilled workers that we need.”

We invite you to read our full analysis and join us in advocating for the recognition and rights of all home care workers.