University of North Carolina at Chapel Hill, USA.
Nurs Ethics. 2019 Mar;26(2):418-424. doi: 10.1177/0969733017718396. Epub 2017 Jul 25.
In June 2016, a US Department of Labor rule extending minimum wage and overtime pay protections to home care workers such as certified nursing assistants and home health aides survived its final legal challenge and became effective. However, Medicaid officials in certain states reported that during the intervening decades when these protections were not in place, their states had developed a range of innovative services and programs providing home care to people with disabilities-services and programs that would be at risk if workers were newly owed minimum wage and overtime pay. In this article, we examine whether the Department of Labor was right to extend these wage protections to home care workers even at the risk of a reduction in these home care services to people with disabilities. We argue that it was right to do so. Home care workers are entitled to these protections, and, although it is permissible under certain conditions for government to infringe workers' occupational rights and entitlements, these conditions are not satisfied in this case.
2016 年 6 月，美国劳工部的一项规定将最低工资和加班费保护扩大到家庭保健工人，如注册护士助理和家庭健康助手，该规定在经历了最后的法律挑战后生效。然而，某些州的医疗补助官员报告称，在这些保护措施未实施的几十年间，他们的州已经开发了一系列创新的服务和项目，为残疾人提供家庭护理服务和项目，如果工人被新赋予最低工资和加班费，这些服务和项目将面临风险。在本文中，我们研究了劳工部是否有权将这些工资保护扩大到家庭保健工人，即使这可能导致为残疾人提供的家庭保健服务减少。我们认为这样做是正确的。家庭保健工人有权获得这些保护，尽管在某些情况下，政府侵犯工人的职业权利和应享待遇是允许的，但在这种情况下，这些条件并不满足。
