Harrisburg, PA – Today, the Pennsylvania Department of Labor & Industry (L&I) led a multi-state coalition of 23 additional state labor departments and attorneys general in filing comments opposing the U.S. Department of Labor’s (USDOL) proposed rollback of federal wage-and-hour protections for millions of home care workers across the country who provide essential home care services to seniors and individuals with disabilities.
USDOL’s proposal would take away federal minimum wage and overtime pay protections under the Fair Labor Standards Act (FLSA) for millions of domestic service employees, primarily home health care workers, and revert to outdated 1975 regulations. USDOL published the proposal on July 2, 2025, and the public comment period remained open through September 2, 2025.
The coalition’s comment – drafted by the Shapiro Administration – urges USDOL to withdraw the proposal and continue enforcing the 2013 regulations that extend federal minimum wage and overtime protections to most home care workers across the country.
States joining the Department in this comment include California, Colorado, Connecticut, District of Columbia, Hawaii, Illinois, Massachusetts, Maryland, Maine, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.
“Home care workers are essential workers who care for our loved ones and allow many Pennsylvanians to remain in their homes and live independently,” said L&I Secretary Nancy A. Walker. “In Pennsylvania, home care workers employed by agencies remain protected by state minimum wage and overtime protections, but if the Trump Administration is able to rescind this rule at the federal level, it will weaken protections for millions of workers across the country. The Shapiro Administration values our homecare workforce and will continue to stand up for Pennsylvania workers.”
Key points from the coalition comment
- Finalizing the proposed rule would directly harm at-risk employees whom USDOL is charged to protect.
- Reverting to the 1975 regulations would expose millions of workers to wage theft and other violations, undermining recruitment and retention and destabilizing a fast-growing home care sector that helps older adults live independently and age with dignity.
Pennsylvania will continue protecting home care workers
L&I enforces Pennsylvania’s labor laws through the Bureau of Labor Law Compliance (BLLC). Workers who believe they have been underpaid can file a complaint online; BLLC investigates all complaints and, when violations are found, pursues the collection of owed wages on behalf of affected workers.
Wage theft is widespread in the home care industry, a rapidly expanding field where jobs are often among the lowest paid and performed in isolated settings that can heighten vulnerability to exploitation. In recent years, home care has represented the single largest share of wage-and-hour complaints received by L&I. A recent review indicates that since January 1, 2023, at least 38 percent of Minimum Wage Act complaints involved home care companies.
Nearly 197,650 Pennsylvanians were employed as home health and personal care aides as of 2023. Employment in this occupation group is projected to grow by roughly 44,000 positions, or 22.3 percent, from 2023 to 2033.
In Pennsylvania, the law has not changed:
- Under the Pennsylvania Minimum Wage Act, domestic service employees of third-party providers (for example, home care agencies) are covered by state minimum wage and overtime protections.
- Workers who believe they are owed wages can file a complaint online with L&I’s Bureau of Labor Law Compliance.
The Shapiro Administration will continue to use every tool under Pennsylvania law to protect workers, ensure fair competition for employers that follow the law, and pursue the collection of wages owed to home care workers.
For more information on the Pennsylvania Department of Labor & Industry, please visit the website or follow L&I on Instagram, Facebook, X, and LinkedIn.
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