[Congressional Record Volume 156, Number 112 (Wednesday, July 28, 2010)]
[Extensions of Remarks]
[Page E1458]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               THE DIRECT CARE WORKFORCE EMPOWERMENT ACT

                                 ______
                                 

                         HON. LINDA T. SANCHEZ

                             of california

                    in the house of representatives

                        Wednesday, July 28, 2010

  Ms. LINDA T. SANCHEZ of California. Madam Speaker, imagine a very 
tall corporate office building, and a man is working inside sitting at 
his desk dressed in a suit and tie. He is talking on the phone while 
working from his computer and sipping a latte.
  Now imagine a very small home in a quiet neighborhood, and a woman is 
working inside, wearing sneakers and comfortable clothes. She is 
straining to lift up an elderly man almost twice her size trying to 
help him put on his t-shirt to get ready for lunch.
  Is the work the corporate man is doing more important than the home-
worker? More valued? Better paid?
  I am here to say that all work has dignity.
  I am here to say that our nation's laws should respect the work we 
all do.
  Yet, even in America, some workers are paid less than the minimum 
wage.
  Even in America, some are denied overtime pay.
  Even in America, some people do not have health insurance or other 
benefits, and their wages are so low that they need to turn to food 
stamps to make ends meet.
  I am introducing legislation today to show that in America, all work 
does have dignity.
  I am introducing legislation that will say, ``Regardless of the work 
you do, if you do it well, you should be compensated enough to take 
care of your family and put food on the table.''
  This legislation is meant to provide equity to those we trust enough 
to let in our homes and care for our loved ones. Home care workers are 
the linchpin of our nation's long-term care system, providing essential 
care and daily living services to more than 13 million Americans.
  However, they are among the worst-paying jobs in America--mostly 
because of Department of Labor regulations that exclude them from 
federal minimum wage and overtime protections.
  In 1975, after Congress had revised the Fair Labor Standards Act to 
include previously excluded domestic service workers, the Department of 
Labor issued rules that exempted home care aides from the federal 
overtime and minimum wage protections.
  The Clinton Administration's Department of Labor issued proposed 
rules to correct this injustice, but the Bush Administration withdrew 
those proposals.
  Secretary of Labor Hilda Solis, tasked with the tough job of trying 
to fix eight years of neglect and anti-worker policies at the 
Department of Labor, has committed to remedy this injustice by 
including it on her regulatory agenda. And I commend those efforts.
  But I believe that workers not only need the right regulations, but 
they also need the right law. I want to make sure that any 
administration--whether it is this one, or one to come, can never tell 
any worker they are ``less than.''
  The Direct Care Workforce Empowerment Act would do three things: 
ensure that home care workers receive the federal minimum wage and 
overtime protections of the Fair Labor Standards Act; improve federal 
and state data collection and oversight with respect to the direct care 
workforce; and establish a grant program to help states improve direct 
care worker recruitment, retention, and training.
  Yesterday, someone asked me why this was so important to me. Home 
care touches all of us--most of us in this room know someone who has 
required the assistance of a home care worker.
  They help their patients with daily living, enabling them to stay in 
their homes and maintain independence. As the daughter of a father 
living with Alzheimer's--I know just how important home care workers 
are.
  Yet, every year, home care aides land on Forbes magazine's list of 
the ``25 worst-paying jobs in America.'' The mean annual wages put them 
behind parking lot attendants.
  Once hired, they leave in droves; turnover rates run 50 to 80 percent 
a year.
  Rights earned decades ago by similar workers continue to be denied to 
these hardworking healthcare providers. Yet, even healthcare reform 
signed into law this year failed to protect these workers, even though 
their jobs directly relate to quality of care.
  People with disabilities, seniors, and anyone needing home care on a 
permanent or temporary basis deserves caring, decently trained, and 
well-paid workers caring for them.
  Direct-care workers constitute one of the largest and fastest-growing 
workforces in the country, playing a vital role in job creation and 
economic growth, particularly in low-income communities.
  These workers help their clients bathe, dress, eat, and negotiate a 
host of other daily tasks. They are a lifeline for those they serve, as 
well as for families struggling to provide quality care.
  If labor conditions are not improved, the demand for more workers may 
prove difficult to meet and the quality of care may decline. Those who 
work in the industry will become less and less able to meet basic 
living expenses for themselves and their families.
  Let's make things right for workers--no matter whether they sit 
behind a desk or care for someone in a home.
  Our working Americans--care givers and care receivers--deserve this.

                          ____________________