Many of the families working with Abby Services have been impacted by changes to the way they are permitted to work with their caregivers. This has resulted in many being limited to working less than 40 hours per week by their clients. Abby Services believes this is harmful to the caregivers and families we work together with. We have contacted our elected officials and encourage you to do the same. Below is a sample letter. We urge you to insert the appropriate information and share your concerns. It’s easy to do, here are links to get you started.
Dear Mr. President / Representative [insert last name] / Senator [insert last name]:
My family relies on home-care services in order for an elderly loved one to remain independent. In recognition of the emotional stress and financial burden on a family that needs this type of care, the Congress in 1974 exempted these arrangements from coverage under the Fair Labor Standards Act when it extended FLSA coverage to domestic services generally. This changed in 2015, when Obama regulations became effective that essentially repealed this exemption, known as the companionship-services exemption.
Now, our family is forced work with multiple caregivers in order to avoid any caregiver working more than 40 hours in any week, because we – like most families – cannot afford to pay overtime pay rates. The resulting loss in continuity of care has been devastating for our family member who needs this care. To make matters worse, because of the complexity of the FLSA’s requirements, we never know whether we are operating in compliance. We now live in fear that if we make a mistake, we could become vulnerable to plaintiff lawyers suing us for FLSA violations or the U.S. Department of Labor investigating us.
Please discuss this matter with Labor Secretary Acosta and urge that the Department of Labor rescind these ill-conceived Obama regulations and restore the companionship-services exemption.