Getman, Sweeney & Dunn has spent years litigating cases to recover backpay for home health aides. We were able to recover back wages because US Department of Labor (USDOL) regulations require home health aides to be paid overtime for hours worked over 40 in a week.

Now, the current US Department of Labor wants to take away your and other home care aides’ federal right to overtime pay and the minimum wage. In states without wage laws that protect home health aides, that means many aides will lose their right to overtime and minimum wage. Your voice is needed to speak up and oppose these harmful changes.

The USDOL is accepting comments on their proposal to take away home care workers’ right to fair pay. We strongly encourage you to submit a statement opposing this bad proposal to help protect the right to the minimum wage and overtime.

You don’t have to know anything about the law to submit a comment about how losing the minimum wage and overtime pay would affect you, your loved ones, and your ability to do your work for your patients, and earn a living. We have outlined the steps to submit a comment below, and we are glad to help you in this process or answer any questions you have.

The deadline to submit comments to the USDOL is Tuesday, September 2, 2025. Please share with other home health aides you know who might want to make their voices heard.

Please take 5 minutes to submit a comment and spread the word!

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You can watch our brief video on how to comment on the US Department of Labor’s proposed changes to home health aide pay, or follow the steps below. It’s really easy:

1.       Go to the website : https://tinyurl.com/DOLHHAComment

2.       Draft a comment in the comments section. (Click here for a “how to” and some examples)

3.       Enter your email address.

4.       Choose ‘Individual’ or ‘Anonymous’

5.       Check “I read and understand the statement above”

6.       Click “preview comment” to review it or “submit comment” to submit to the US Department of Labor.

1.       Speak from the heart. You don’t have to be an expert in policy or the law in order to speak about your own experience. You can also use plain language; you do not have to use fancy words or technical terms to comment on these regulations. You can use your own voice.

2.       Use personal stories/examples, though you should take care not to share confidential patient information.

3.       Explain how these changes would impact you. What would losing the minimum wage and overtime do to you? To your family?

4.       Remind the US DOL of the importance of your work for your patients, and the value you bring to the home care industry.

Below is a sample comment. You may also draft your own.

I am writing to tell the U.S. DOL that I think it would be unfair and wrong if it takes away minimum wage and overtime pay protection from home care aides such as myself. I have worked in this industry for XX years, and I work very hard. I work long hours, from XX to XX, XX days per week. [If true]: I am able to afford my expenses, including food and rent, because I currently receive a living wage, including time-and-a-half if I work over 40 hours in a week. If my pay is reduced and I am not eligible for the minimum wage and overtime pay, I do not know how I will afford to support myself and my family and I will have to look for a job in another field.

<Insert your own story here>

I urge the U.S. DOL not to hurt home care workers by passing the proposed regulation.

·       If you worked in homecare before 2015, what changes have you observed since the rule giving you overtime pay went into effect?

·      How has minimum wage and/or overtime rights changed your pay, and how has that changed your livelihood?

·       Does having minimum wage and/or overtime rights affect your decision to stay in the industry?

·      If you’ve ever filed a claim with the Department of Labor, explain what the claim was for and the outcome.

·       What would happen if minimum wage/overtime went away? How would that change your livelihood?]

Examples from published comments: