Democrats Try, Try Again to Expand FLSA Protections for Home Care Workers, Minors

photo by Flickr user comestarmoon, licensed under Creative Commons

“If at first you don’t succeed, try, try again,” goes the old saying.

Heeding that advice, legislators recently introduced two new bills that would expand employee protections under the Fair Labor Standards Act, recycling similar bills that failed in past sessions of Congress.

One bill, introduced in both houses of Congress, would extend FLSA coverage to most workers who provide in-home companionship care to individuals who, due to age or infirmity, cannot care for themselves. All such employees currently are exempt from the FLSA’s minimum wage and overtime protections (29 U.S.C. §213(a)(15)).

The Direct Care Job Quality Improvement Act (H.R.2341 and S. 1273) would limit the “companionship services” exemption to home care workers who work fewer than five hours per week or fewer than 12 weeks per year. The bill also would change how federal and state data on the home care workforce are collected and reported.

Similar bills have been unsuccessful in Congress in recent years. However, last year, the U.S. Department of Labor announced plans to issue a proposed regulation that would accomplish much the same as the legislation, but the rule is not scheduled for publication until October .

A second bill recently introduced in the House, the Children’s Act for Responsible Employment of 2011 (H. R. 2234), or the “CARE Act of 2011” — also a re-introduction of a similar bill — would expand the definition of “oppressive child labor”; strengthen protections for minors who work in agriculture; increase civil penalties for child labor violations; and require criminal fines or imprisonment for repeated and willful violations leading to the serious injury, serious illness or death of an employee under age 18.

A related, but separate, DOL regulatory proposal that would tighten existing regulations on hazardous occupations for minors in agriculture is currently under review at the U.S. Office of Management and Budget.

The bill to limit the companionship exemption was introduced in the House by Rep. Linda Sanchez, D-Calif., and in the Senate by Sen. Robert Casey (D-Pa.), and the bill to make child labor standards more restrictive was introduced in the House by Rep. Roybal-Allard, Lucille, D-Calif.