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TIME History Opinion History Shows How 2 Million Workers Lost Rights Fast food workers, healthcare workers and their supporters march to demand an increase of the minimum wage, in Los Angeles on Dec. 4, 2014 Robyn BeckAFP/Getty Images Home attendants and aides have historically been singled out for denial of basic labor rights
Over the last year, the nation has seen a tumultuous wave of low-wage workers contesting terms of employment that perpetually leave them impoverished and economically insecure. Its a fight in which home-care workersone of the fastest growing labor forceshave long participated, as home attendants and aides have historically been singled out for denial of basic labor rights. Their work is becoming ever more important in our economy, with over 40 million elderly Americans today and baby boomers aging into their 70s and 80s; the demand for such workers is projected to nearly double over the next seven years. And yet, this week a federal judge is likely to put up just the latest obstacle to their receiving the minimum wage and overtime compensation granted to other workers through the 1938 Fair Labor Standards Act (FLSA).
The story of how home-care workers ended up without rights begins in the Great Depression. Home care first originated as a distinct occupation during the New Deal, and evolved after World War II as part of welfare and health policy aimed at developing alternatives to institutionalization of the elderly and people with disabilities. Prior to the mid-1970s, public agencies provided or coordinated homemaker and home-attendant services. Fiscal constraints subsequently led state and local governments to contract home care first to non-profit and later to for-profit agencies. In 1974, Congress extended FLSA wage and hour standards to long-excluded private household workers. A year later, however, the U.S. Department of Labor (DOL) interpreted the new amendment to exempt home-care workers, even employees of for-profit entities, by misclassifying them as elder companions, akin to babysitters. It provided no explicit reasoning for introducing this new terminology, beyond the need for uniform definitions of domestic service and employer. This exclusion became known as the companionship rule.
The rule was a boon for employers. Amid nursing-home scandals and an emergent disability-rights movement, demand for home-based care burgeoned, but the women actually performing the labor were invisible. A distinct home-health industry began to grow following the 1975 exemption, as the rule freed staffing and home-health agencies from paying minimum wages and overtime. Opening Medicaid and other programs to for-profit providers after 1980 led to a tenfold increase in for-profit agencies during the next half decade. By 2000, for-profit groups employed over 60 per cent of all workers. Today, the home franchise industry is worth $90 billion.
Care workers, however, were never just casual friendly neighbors; even before this expansion, home-care workers were middle-aged, disproportionately African American, female wage earnersneither nurse nor maid, but a combination of both. Despite changes in their title since the 1930s, these workers always performed a combination of bodily care work (bathing, dressing, feeding) and housekeeping necessary to maintain someone at home. They increasingly have become a trained workforce.
With the expansion of the industry, service sector unions and domestic worker associations lobbied to change the companionship rule. Recently, they seemed to have won: After extensive public comment, the DOL issued a new rule in September of 2013, which would have finally included home-care workers under FLSA coverage. The Obama Administration also updated the definition of domestic service to match the job as performed by nearly 2 million workers who belong to one of the fastest growing, but lowest paid, occupations, with median hourly wages under $10. It recognized aid with activities of daily living as care, and care as a form of domestic labor. Whereas companionship services had previously included even those who spent more than 20 hours engaged in care, the new rule narrowed the meaning of companionship to mere fellowship and protection in order to close the loophole that for-profit agencies were deploying to profit by underpaying live-in home attendants. It was to go into effect on Jan. 1, 2015, though enforcement was delayed until June.
Then, in late December, at the urging of for-profit home care franchise operators, led by the Home Care Association of America, Judge Richard J. Leon (a George W. Bush appointee) of the U.S. District Court for the District of Columbia struck down a key element of the revision. The decision vacated the responsibility of third-party employers (such as home-care businesses) to pay minimum wage and overtime for so-called companionship services. In his opinion, the judge charged the DOL with arrogance, unprecedented authority and a wholesale abrogation of Congresss authority in this area.
A historical perspective suggests otherwise. In the 1970s, Congress never intended to enhance corporate profits by narrowing wage and hour protections; to the contrary, it expanded them. Granted, the Senate Committee on Labor and Public Welfare refused to include within the terms domestic service such activities as babysitting and acting as a companionbut it distinguished teenage sitters and friendly visitors from domestic workers by adding casual to those exempted from labor standards. It explicitly did not refer to regular breadwinners, those responsible for their families. Moreover, the Supreme Court has repeatedly reaffirmed the supposition that where Congressional intent is ambiguous, executive agenciesincluding the DOLhave leeway. In the 2007 case Long Island Care at Home, Ltd. v. Coke, a unanimous Supreme Court commended the expertise of the agency to determine the meaning of undefined phrases like domestic service employment and companionship services.
During oral argument in Coke, Justice Ruth Bader Ginsberg suggested that the proper way to amend the exemption was either a new rule through the DOL, which is what ended up happening, or legislation. Judge Leon reads back Congressional intent from the fact that legislative fixes have stalled in committee in the years following Coke. But there are many reasons why bills go nowhere in our gridlocked government.
The temporary restraining order from Judge Leon effectively blocked implementation of the new DOL rule in totality, setting off a ripple effect against this primarily female workforce. California, for example, instantly suspended implementation for some 80,000 workers. Then on Jan. 9, he heard oral arguments on whether to strike down the redefinition of the companionship classification. Given his prior decisions, the bet is that his next ruling on Jan. 14 will do so. Continuous litigation is in the offering, as the DOL is likely to appeal his decisions all the way to the Supreme Court.
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History Shows How 2 Million Workers Lost Rights
THE world premiere of a Malton and Norton Musical Theatres new pantomime, Robin Hood, written by local West End star and former company member, Scott Garnham takes to the stage this weekend.
Directed by John Hall, with musical direction by Mike Thompson, and choreography by Rebecca Neacsu, the production runs at the Milton Rooms, Malton, from January 16 to January 24, with shows at 7.15pm, except Sunday, and matinee performances on both Saturdays at 2.15pm.
Lead roles feature Paula Cook as Robin Hood, Adam Hymas as The Sheriff, Ben Greenhough as Will Scarlet, Margaret Lukey as Terroressa the Wicked, Matthew Hodsman as Willow, Ria Williams as Maid Marion and local panto stalwart Mark Boler in the dame role as Nurse Nelly.
A full company supporting cast of more than 60 includes Neil Paylor, Finn Dalton, Claire Fowler and Graeme Hargreaves, as well as chorus members and junior and senior dancers from Kirkham Henry Performing Arts.
The panto tells the story of children Jack and Jills kidnap, at the hands of the evil Sheriff of Nottingham, and subsequent rescue by Robin Hood and his band of Merrymen.
Along the way theres the usual slapstick of panto, good and evil, all accompanied by an extravaganza of music and dance.
Tickets are available from No 1 Health & Beauty, and Fab, and the Milton Rooms booking office in Malton, phone Domestic Heating Services on 01653 694275 or go to http://www.positickets.co.uk
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Robin Hood rides into town for pantomime
RALEIGH, N.C., Jan. 13, 2015 /PRNewswire/ --Bulk TV & Internet (Bulk TV), a leading provider of television solutions to hotels nationwide announces their television partnership with the Hilton Americas-Houston, the largest convention hotel in Houston, Texas. Bulk TV is providing a full residential lineup and interactive channel guide throughout the property's 1200 guestrooms.
"The DIRECTV Residential Experience (DRE) is an outstanding amenity we are now able to provide to our guests," said Jacques D'Rovencourt, hotel manager for the Hilton Americas-Houston."DRE offers the familiar comfort of the same entertainment experience guests receive in their own home, which is in alignment with our goal of making our guests feel like they are at home when staying with us. Additionally, the extensive HD channel selection allows us to differentiate ourselves from other brands."
Located in the heart of downtown, the 24-story Hilton Americas-Houston is known for providing leading edge technological amenities in order to give guests an unparalleled experience. As a complement to the hotel's offerings, DRE offers a robust HD lineup with over 100 channels, a faster interactive programming guide and an anti-microbial, simplified remote. DRE is one of the recent advancements the property has made to enhance the overall guest experience. The hotel is also adding a Starbucks in the east lobby that will be close to 5,000 square feet as well as an onsite UPS Store.
D'Rovencourt adds, "It is imperative for us to select credible partners that offer extensive experience. Partnering with a respected name in the industry such as Bulk TV & Internet was critical to ensure quality and customer satisfaction."
Bulk TV has installed the DIRECTV Residential Experience (DRE) in hundreds of hotels and is the leader in DRE installations nationwide. Based on the company's demonstrated abilities and following an extensive review process, Bulk TV was recently selected by Hilton Worldwide as a Strategic Partner to provide HD services to all Hilton brands at pre-negotiated terms and exclusive rates.
"Hilton Worldwide is known for transforming the guest experience with forward thinking, customized offerings," said James Jessel, vice president of sales, Bulk TV & Internet. "The DIRECTV Residential Experience gives guests the television services they expect at a hotel that is as impressive as Hilton Americas-Houston."
Bulk TV provides DIRECTV programming services to over 4,000 properties in every state and across every hotel brand. Each customized TV solution receives thorough quality assurance throughout every step of the process, which includes engineering, project management, professional installation and 24/7 technical support.
In addition to DRE, Bulk TV also provides centralized headend solutions that enable hotels to provide a customized channel lineup without equipment in the guest rooms. For more information on both solutions, please visit http://www.BulkTV.com or call 877-285-5881.
About Bulk TV & InternetBulk TV & Internet is a leading provider of DIRECTV services designed to meet the unique needs of the hospitality industry. Bulk TV & Internet provides service to upwards of 300,000 rooms nationwide including free-to-guest television programming and digital satellite TV systems. In addition to award-winning television services, Bulk TV also offers high-speed Internet access services and Mitel phone systems. For more information, please visit http://www.BulkTV.com.
About Hilton Americas-Houston Directly connected to the George R. Brown Convention Center, the Hilton Americas-Houston contains the city's largest number of guestrooms, ballrooms, hotel meeting space, and the most technologically advanced services available under one roof. Conveniently situated between Toyota Center and Minute Maid Park, this AAA Four Diamond rated hotel boasts 1,200 luxuriously appointed guestrooms, 91,500 square feet of flexible meeting space, two restaurants, lobby bar, coffee emporium, and full service spa and health club. For more information about the company, please visit http://www.americashouston.hilton.com.
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Bulk TV Transforms In-Room Entertainment at the Hilton Americas-Houston
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From custom invitations to wedding cakes and DJs to photographers, the second annual Royal Gorge Region Bridal Expo on Sunday was a one-stop shop for brides-to-be planning their special day.
Thirty-one vendors filled the Abbey Events Center, displaying their offerings, giving out free samples and extending discounts on services.
Event co-organizers, Brenda McKay, sales and marketing for the Abbey Events Center, and Gillian Marriott, owner and operator of Sweet Cheek's Cakery, said there was more vender participation Sunday than last year's inaugural event, which featured 22 vendors. About 63 brides had registered at Sunday's event before its half-way point.
"It's been real steady," McKay said before the half-way mark of the expo. "I think we'll have even more brides this year than we had last year."
Vendors featured catering businesses, wedding dresses, carriage services, hair and makeup services and even event planning. Most were local, but there were some from Salida and Pueblo.
Johanna Patterson of Occasions By J, an independent, professional event planner, plans to utilize all businesses and venues for her clients' birthday parties, dinner parties, weddings, corporate events, fundraising events, theme parties and other special occasions. She is still building her new business, but she most recently organized the New Year's Gala at the Robison Mansion.
"A lot of what I am doing here is to connect," she said. "I do need to find the best fit for whatever the venue is. The connections with the other vendors is just as important as the brides themselves here."
Bride-to-be Christa Hansen-Gill on Sunday scheduled a consultation with Patterson. She is getting a head start on her March 2016 wedding.
"I wanted to give myself a year to plan a wedding, that way I am not rushing any details," she said.
As a mother of four children, Gill said using an event planner will alleviate a lot of pressure.
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