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FOR IMMEDIATE RELEASE: Oregon Bureau of Labor and Industries and Department of Justice Joins Broad Multi-State Coalition Opposing Federal Rollback of Wage Protections for Millions of Home Care Workers
Portland, OR – The Oregon Bureau of Labor and Industries (BOLI) and the Oregon Department of Justice (DOJ) has joined a coalition of more than twenty state attorneys general and labor enforcement agencies in filing formal comments opposing the U.S. Department of Labor’s proposed rule, Application of the Fair Labor Standards Act to Domestic Service.
If finalized, the proposal would strip federal minimum wage and overtime protections from millions of domestic service employees, including home health care workers who provide essential care to seniors and individuals with disabilities. The rule would undo a decade of progress under the Fair Labor Standards Act (FLSA) and revert to outdated regulations from 1975.
“Home care workers are the backbone of our economy, without their labor no other work is possible. These workers, who are disproportionately women and workers of color, deserve fair pay and basic protections, not a rollback of their rights,” said Labor Commissioner Christina Stephenson. “This proposal would make a vulnerable workforce more susceptible to wage theft and undermine the quality and stability of care for people who rely on these essential services.”
The coalition argues that the Department’s proposed rule:
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Removes minimum wage and overtime protections for more than 3.7 million low-wage workers nationwide.
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Contradicts both Congressional intent and decades of workforce professionalization in the home care sector.
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Ignores extensive evidence of wage theft and labor violations within the industry.
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Would increase costs to states and consumers while straining state labor enforcement agencies.
“Home care workers deserve fair pay and basic protections, not to have those protections stripped away,” said Attorney General Dan Rayfield. “These are the people caring for our parents, grandparents, and neighbors, often doing difficult work for modest wages. Stripping away these protections would make an undervalued workforce even more exposed and create instability for the Oregon families who depend on them.”
The comments highlight enforcement experiences from across the country, including multimillion-dollar cases of wage theft in the home health industry. Without federal protections and enforcement, states would bear a significantly greater burden to protect workers with already limited resources.
“This is not only about protecting wages, but also about ensuring dignity for workers and stability for families who depend on home care,” said Commissioner Stephenson. “We urge the U.S. Department of Labor to withdraw this harmful rule.”
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Under the Oregon Minimum Wage Act, domestic service employees of third-party providers (for example, home care agencies) are covered by state minimum wage and overtime protections unless a specific exemption applies in ORS 653.020.
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Under Oregon’s Domestic Workers’ Protection Act, individuals performing companionship services who are exempt from the provisions of the FLSA are excluded from the protections provided by Oregon law. It is likely that the proposed rule would increase the number of individuals who meet this exclusion and are no longer protected under this act.
The coalitions full comment letter can be found here.
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Led by Labor Commissioner Christina Stephenson, the Bureau of Labor and Industries protects employment rights, advances employment opportunities, and protects access to housing and public accommodations free from discrimination for all Oregonians. If you believe you have been denied your rights at work or in public spaces, you can file a complaint online.
www.Oregon.Gov/BOLI
Under the leadership of Attorney General Dan Rayfield, the Oregon Department of Justice serves state government and supports safe and healthy communities throughout Oregon by providing essential justice services.
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