Congressman Francis Rooney Urges DOL to Rescind Misguided Regulations

to Ensure Elderly and Disabled Individuals Have Access to Affordable Companion Care

f t # e
Congressman Francis Rooney Urges DOL to Rescind Misguided Regulations, August 12, 2019 | Chris Berardi (202-897-7700) | comments

Washington, DC-- Congressman Francis Rooney sent a letter to Acting Labor Secretary Pizzella urging that the 2013 regulations that effectively repealed the Companion Services Exemption to the Fair Labor Standards Act (FLSA) be rescinded.

Congressman Rooney said, “We must ensure that families have access to affordable in-home companion service. I recently led the efforts in Congress to ask the Administration to overturn a ruling made in 2013 that went against the intent established by Congress many decades ago. There have been many unintended consequences since the rule change and it is time to right the wrong. Families have many things to manage and we should not exacerbate the already significant pressure of home care.”

“We have to ensure that the elderly and disabled individuals in our communities have access to affordable companion care. That’s why I am urging the Department of Labor to rescind these regulations and uphold the Companion Services Exemption as Congress intended.”

Background:

  • In 2013, the Obama Administration changed the interpretation of a rule within the Department of Labor which effectively repealed the Companion Services Exemption to the Fair Labor Standards Act.
  • The Companion Services Exemption excluded home healthcare workers from overtime pay due to the nature of the industry which frequently requires more than 40 hours of work per week.
  • The Companion Services Exemption was enacted by Congress and upheld by the Supreme Court in a 9-0 decision.

###

 

f t # e