Statement from NASDDDS Executive Director, regarding the Home Care Association v. David Weil Opinion

 NASDDDS commends the Obama administration’s efforts to extend minimum wage and overtime protections to direct care workers. These workers are the backbone of state systems that provide supports to individuals with developmental disabilities and are entitled to be fairly and adequately compensated for their important work.

 We remain concerned that the rule and its implementation deadline present policy and operational challenges that may lead to adverse outcomes for these workers and the people they support. We recognize that almost all state legislative sessions took place during the time that the rule was vacated by the district court, and that FY 2016 budgets have been adopted in all but two states.

 Prior to the district court decision vacating the Home Care Rule, DOL, recognizing the need to account for state legislative processes, announced a non-enforcement policy for the first six months of 2015 and the intention to use prosecutorial discretion during the last six months of 2015. We hope DOL will recognize the impact that the timing of the two court decisions has had on states’ ability to adequately address the changes necessary to implement the rule, and will continue to work closely with states, and refrain from prosecutorial action, to achieve smooth implementation of this major policy change.

We look forward to continuing to work with the Department of Labor and our state members to ensure that implementation occurs in a manner that does not negatively impact beneficiaries or direct care workers.