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IDHS claims proposal “pretty close to perfect” after feds complain

Friday, Oct 7, 2016 - Posted by Rich Miller

* As we’ve discussed before, the Illinois Department of Human Services wants to cap the hours care-givers are paid to provide in-home assistance to cut down on overtime costs…

The department implemented the policy in May in response to a U.S. Department of Labor ruling that said home care workers must earn time-and-a-half overtime pay if they work more than 40 hours per week. But the Rauner administration put the policy on hold in August just as a union representing 25,000 home care workers was readying to file a class-action lawsuit challenging it.

The administration is now seeking to implement the policy through the General Assembly’s bipartisan House and Senate committee in charge of approving such rules. The Thursday hearing in Springfield followed one held Monday in Chicago.

The department’s proposed rules would require clients in the home services program to hire enough personal assistants to cover the hours of care they need each week without requiring overtime. Any personal assistant who works more than 40 hours in a week would be required to submit written justification to the department for approval, and anyone who works unapproved overtime three times would be barred from being paid through the program. […]

The federal Labor Department sent a letter to the state noting its “significant concerns” with the proposal. Among those concerns, according to the letter, is the lack of a “robust exceptions policy,” which could result in workers providing off-the-clock care in violation of federal law.

“Without an appropriate exceptions policy, it is likely that either employees who care for vulnerable individuals will feel that they have no choice but to work uncompensated hours … or consumers will be left without adequate assistance,” the letter states. “Neither outcome is acceptable or necessary.”

Vivian Anderson, who oversees the program for DHS, is quoted in the article as saying the agency’s proposal is “pretty close to perfect.” This is the same person who SEIU claims fell asleep during a recent hearing on the issue. But, if it’s so perfect, there was probably no need to pay attention.

…Adding… The union has deleted the tweet.

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*** UPDATED x1 - AG Madigan responds *** Illinois Policy Institute loses big round on election day registration

Friday, Oct 7, 2016 - Posted by Rich Miller

* The US appellate court in Chicago has basically just decided to keep in-precinct election day voter registration alive during this election cycle. The court put off briefing until November 10th, which is after election day, so its stay of a lower court’s ruling that halted the practice will remain in place. From the court…

ORDER re: 1. Plaintiffs-appellees’ statement on consolidating and expediting cases. 2. Defendants-appellants’ statement opposing an expedited appeal. 3. Cook County clerk David Orr’s statement supporting consolidating appeals and opposing expedited briefing. The requests to consolidate are GRANTED, and these cases are CONSOLIDATED for purposes of briefing and disposition. The request to expedite is DENIED. The briefing schedule is as follows: The appellants shall file their openings briefs and required short appendices on or before November 10, 2016. The appellees shall file their consolidated brief on or before December 12, 2016. The appellants shall file their consolidated reply briefs, if any, or or before December 27, 2016. Counsel for appellants are encouraged to avoid unnecessary duplication by filing a joint brief or a joint appendix or by adopting parts of a co-appellant’s brief. EAH [15] [6788829] [16-3547, 16-3597] (CR)

Background is here and here. The full order is here.

*** UPDATE *** Press release…

Attorney General Lisa Madigan today alerted Illinois voters that a ruling by the U.S. Court of Appeals for the 7th Circuit restores Illinois voters’ legal right to register to vote and cast their ballot at the same time in the general election on Nov. 8.

The Court’s ruling puts on hold an earlier federal district court ruling finding that the law allowing Election Day voter registration was unconstitutional and blocking the widely used practice. As a result of the Court of Appeals decision, election day voter registration can resume. Election day voter registration went into effect in Illinois in early 2015.

“Election day registration allows all voters the opportunity to participate in our elections,” Madigan said.

As a result of the Court’s ruling, the election day registration law will be restored. Under the law, counties with a population of 100,000 or more must provide voters with the option of registering to vote and casting their ballots at the same time at polling places on election day. Counties with a population of 100,000 or less and that keep voter records electronically must also provide voters with the option of registering to vote and casting their ballots at the same time at polling places on election day. Smaller counties that do not maintain voter records electronically must offer election day registration at the county’s main election office or at polling places in the county’s larger municipalities.

Attorney General Madigan also reminded voters that if they are registering to vote on election day, they should be prepared to show two forms of identification. The most common forms of identification include a driver’s license or a utility bill, at least one of which must show your current address. If your voter registration is active and current, you do not need to show identification to cast your vote.

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