Pennsylvania Leads Multi-State Effort to Protect Home Care Workers' Rights

Strategic Insights -

The Shapiro Administration in Pennsylvania has led a multi-state coalition in opposing the US Department of Labor's proposal to roll back federal wage-and-hour protections for home care workers. The coalition, which includes 23 state labor departments and attorneys general, has filed comments urging the US Department of Labor to withdraw the proposal and continue enforcing the 2013 regulations that extend federal minimum wage and overtime protections to most home care workers across the country. This effort comes after the Shapiro Administration took action as Attorney General to protect tipped workers from a proposed Trump Administration rule.

Key Takeaways:

  • The US Department of Labor's proposal would take away federal minimum wage and overtime pay protections under the Fair Labor Standards Act (FLSA) for millions of home health care workers and revert to outdated 1975 regulations.
  • The coalition's comment, drafted by the Shapiro Administration, urges USDOL to withdraw the proposal and continue enforcing the 2013 regulations that extend federal minimum wage and overtime protections to most home care workers across the country.
  • Home care workers in Pennsylvania are currently protected by state minimum wage and overtime protections, but the proposed rule at the federal level would weaken protections for millions of workers across the country.
  • In Pennsylvania, home care workers employed by agencies remain protected by state minimum wage and overtime protections, and workers who believe they have been underpaid can file a complaint online with the Bureau of Labor Law Compliance.
  • Wage theft is widespread in the home care industry, with at least 38 percent of Minimum Wage Act complaints involving home care companies in recent years.
  • As of 2023, nearly 197,650 Pennsylvanians were employed as home health and personal care aides, and employment in this occupation group is projected to grow by roughly 44,000 positions, or 22.3 percent, from 2023 to 2033.

Statistics:

  • 197,650: The number of Pennsylvanians employed as home health and personal care aides as of 2023.
  • 44,000: The number of new positions projected to be created in the home care industry in Pennsylvania from 2023 to 2033, representing a 22.3 percent growth rate.
  • 38 percent: The percentage of Minimum Wage Act complaints in recent years that involved home care companies.
  • 23: The number of states joining the Pennsylvania Department of Labor and Industry in filing comments opposing the proposed federal rule.

Sources:

  • Shapiro Administration
  • Pennsylvania Department of Labor and Industry
  • US Department of Labor's proposed rule
  • Bureau of Labor Law Compliance