Proposed Federal Rule Could Impact Pay and Protections for Home Care Aides

A new proposal from the U.S. Department of Labor (DOL) is drawing attention across the home care industry. The rule, which revisits how workers are classified under the Fair Labor Standards Act (FLSA), has sparked concern that it could weaken the pay and job protections of millions of home care aides nationwide.

Background

In 2015, the Department of Labor implemented a rule that extended federal minimum wage and overtime pay protections to most home care workers. This change was considered a major step forward in recognizing the essential contributions of caregivers who provide daily support to older adults and individuals with disabilities.

The newly proposed rule, however, raises questions about whether some of these protections could be scaled back. Depending on how workers are reclassified, certain aides could lose eligibility for overtime pay or other wage safeguards.

What the Rule Could Mean for Workers

For home care aides—who often work long, unpredictable hours—the potential impact is significant. If the proposal is enacted, workers could face:

• Loss of overtime pay for hours worked beyond 40 per week.
• Reduced take-home earnings, even when providing round-the-clock care.
• Greater job instability, as employers adjust staffing structures to fit new classifications.

These changes may make it harder for many caregivers, who already earn modest wages, to make ends meet.

The Industry-Wide Impact

The home care industry is one of the fastest-growing job sectors in the country, driven by an aging population and rising demand for in-home support. Yet, it is also facing a persistent workforce shortage.

Advocates argue that rolling back wage protections could worsen this shortage, making it more difficult for families to secure reliable care. Lower pay and weakened job security may discourage workers from staying in or entering the field, ultimately affecting the quality and consistency of care available to clients.

Concerns for Families and Clients

Families who rely on home care services could also feel the effects of these changes. If worker protections are weakened, turnover among aides may rise, leading to interruptions in care. Clients who depend on stable, long-term caregiving relationships may find it harder to maintain continuity and trust with their caregivers.

Next Steps

The proposed rule is still in the review phase, and the Department of Labor is accepting public comments before making a final decision. Worker organizations, home care providers, and advocacy groups are closely watching the process, with many urging the government to uphold existing protections to safeguard both caregivers and the people they serve.

What’s at Stake

The outcome of this proposal could reshape the landscape of home care in the United States. At stake are not only the wages and rights of millions of dedicated caregivers, but also the stability and quality of care for families across the nation. As the decision unfolds, the voices of workers, advocates, and communities will play a crucial role in determining the future of this vital workforce.