ACLU Opposes Labor Department's Proposed Rollback of Wage Protections for Home Care Workers

The American Civil Liberties Union (ACLU) has formally opposed the U.S. Department of Labor's (DOL) recent proposal to rescind wage and overtime protections for home care workers, a move that could significantly impact millions of caregivers nationwide.

On September 2, 2025, the ACLU submitted a public comment denouncing the DOL's proposed rule titled "Application of the Fair Labor Standards Act to Domestic Service." This proposal seeks to reverse the 2013 regulations that extended Fair Labor Standards Act (FLSA) protections to home care workers, potentially stripping them of minimum wage and overtime entitlements. The ACLU contends that this rollback would disproportionately affect women of color, exacerbating economic insecurity and perpetuating historical injustices.

In 2013, the DOL issued regulations extending FLSA protections to home care workers, recognizing their essential role in providing care to seniors and individuals with disabilities. These regulations ensured that home care workers were entitled to minimum wage and overtime pay, addressing decades of exclusion from such protections.

The DOL's current proposal aims to redefine "companionship services" under the FLSA, potentially exempting many home care workers from minimum wage and overtime entitlements. This move would reverse the 2013 regulations that had extended these protections to home care workers after decades of exclusion.

Gillian Thomas, senior counsel in the ACLU Women's Rights Project, stated, "Even though they currently are entitled to receive the minimum wage and overtime, home care workers are among the most vulnerable in our nation’s labor force, facing wage theft and unsafe working conditions, and living in poverty." She added, "The Department of Labor’s proposed rule change would strip away the meager economic security that FLSA coverage provides to these essential workers, who take care of our elders and our loved ones with disabilities."

The exclusion of home care workers from the FLSA's protections has deep historical roots. When Congress passed labor laws like the FLSA and the Social Security Act in the 1930s, lawmakers carved out domestic workers and agricultural workers—the two fields in which formerly enslaved people and their descendants were most likely to work—to win southern lawmakers' support. Although Congress eventually amended the FLSA to include such workers, the DOL did not fully effectuate that intent until it issued regulations in 2013.

The ACLU emphasizes that rescinding the 2013 rules would not only make home care workers much poorer but would also revive a legal exclusion firmly rooted in racism and misogyny. The organization urges the DOL to preserve the 2013 rule to uphold gender and racial equity and to strengthen the home care workforce.

This development is part of a broader initiative by the DOL to deregulate workplace standards. The department has proposed over 60 rule changes aimed at reducing regulations imposed by previous administrations. These proposals target areas such as minimum wage requirements for home health care workers, safety protocols in construction and mining, and protections for migrant farm workers. Critics argue that such measures could endanger worker safety and disproportionately impact women and minority workers.

The DOL's proposed rule change has sparked a broader debate about the balance between deregulation and worker protections. While proponents argue that reducing regulatory burdens can stimulate economic growth and increase flexibility for employers, opponents contend that such rollbacks can lead to exploitation and increased economic insecurity for vulnerable workers.

As the public comment period for the proposed rule has concluded, the DOL will review the feedback received before making a final decision. The outcome of this process will have significant implications for the home care industry, the workers it employs, and the individuals who rely on their services.

The debate over the DOL's proposed rule change underscores the ongoing tension between efforts to deregulate industries and the need to protect workers' rights and economic security. As the process unfolds, stakeholders from all sides will be closely watching the DOL's next steps and the potential impact on the nation's home care workforce.