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DOL, NELP Publish Guides to Implementing Fair-Pay Rule

March 29, 2016

Guides to successfully implementing the federal rule change guaranteeing fair pay for home care workers have been published this month by the U.S. Department of Labor (DOL) and the National Employment Law Project (NELP).

The rule change extending basic wage protections (minimum wage, time-and-a-half overtime pay) to home care workers took effect late last year; the federal government began to enforce it on January 1.

The DOL’s fact sheet is geared toward consumers and their families, and explains the circumstances in which home care workers must now be paid the minimum wage and receive overtime pay. (Exceptions to the rule still exist.)

It also provides advice for keeping track of workers’ hours, and it details the consequences for failure to comply with the new federal rule.

The NELP guide includes a checklist, which lists the steps necessary for “good implementation” of the rule change, as well as a list of frequently asked questions and other resources for state officials, advocates, and home care providers to consult.

“These new rules end the racist and sexist exclusion of home care workers from [minimum wage and overtime pay] and provide most of them with a floor of basic labor protections that will improve their working conditions,” the NELP fact sheet says.

The NELP fact sheet also spotlights specific states (New York, California, Massachusetts, etc.) that have already made positive steps toward implementation.

— by Matthew Ozga

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