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

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* 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.

posted by Rich Miller
Friday, Oct 7, 16 @ 2:35 pm

Comments

  1. It’s pretty close to perfect in pretty much the same way our budget is pretty close to balanced.

    Comment by Michelle Flaherty Friday, Oct 7, 16 @ 2:40 pm

  2. I guess “pretty close” is relative, as in, the earth is pretty close to the sun.

    Comment by Sir Reel Friday, Oct 7, 16 @ 2:43 pm

  3. Let’s just take their word for it that their “business decision” on it is pretty much perfect. s/

    Comment by Honeybear Friday, Oct 7, 16 @ 2:50 pm

  4. “Come on out. We’ll make sure you get paid. We would never cheat you”.

    Oh okay, If you say so….

    BLAMMMMMMMM!

    Comment by Honeybear Friday, Oct 7, 16 @ 2:51 pm

  5. That’s some mighty fine California dreaming.

    Comment by Dome Gnome Friday, Oct 7, 16 @ 2:52 pm

  6. These jobs pay about $10-$11 an hour. Where is the volume of workers needed to avoid overtime going to come from? Other DSH residential program often have 30%+ staff vacancies with 60% annual turnover rates. That is alot of bodies being required.

    Comment by zatoichi Friday, Oct 7, 16 @ 2:59 pm

  7. From The Southern article:

    Ann Ford, Executive Director of the Illinois Network of Centers for Independent Living - “Without an appropriate exceptions policy, it is likely that either employees who care for vulnerable individuals will feel they have no choice but to work uncompensated hours…or consumers will be left without adequate assistance… Neither outcome is acceptable or necessary.”

    Bruce Rauner, 2012, “In Illinois there’s been a long-time history of what I would call social service, social justice, a bigger role for government in the safety net than in many other states,” Rauner said at a tax policy conference sponsored by the George W. Bush Institute. “I think we can drive a wedge issue in the Democratic Party on that topic and bring the folks who say, ‘You know what? For our tax dollars, I’d rather help the disadvantaged, the handicapped, the elderly, the children in poverty. I’d rather have my tax dollars going to that than the SEIU or Af-scammy (AFSCME), who are out there for their own interests.’”

    http://nprillinois.org/post/illinois-issues-social-cost-rauner-v-labor#stream/0

    Comment by Anon221 Friday, Oct 7, 16 @ 3:03 pm

  8. It’s these federal mandates that have driven the US economy to the weakest extended growth in the history of record keeping

    Comment by Sue Friday, Oct 7, 16 @ 3:23 pm

  9. That’s what happens when the Governor kept Pat Quinn’s political hacks on the payroll. She used to be a deputy chief of staff for Quinn.

    Comment by Anonymous Friday, Oct 7, 16 @ 3:40 pm

  10. I understand the state trying to control costs, but DOL’s point about a more robust exemption policy seems valid. If your relief shows up and you stay to take care of the person, you shouldn’t be penalized for not leaving and you should be paid for your time. If a worker moves away you might need overtime until another is hired and trained. You don’t want to fire the people who show up and are willing to fill in where needed.

    Comment by Earnest Friday, Oct 7, 16 @ 3:52 pm

  11. >“pretty close to perfect.”

    Mark your calendars–this is the first instance in which we’ve heard the theme to Rauner’s 2018 re-election campaign.

    Comment by Earnest Friday, Oct 7, 16 @ 3:55 pm

  12. “Perfect” in DHS’s world is um…..relative.

    Comment by Cubs in '16 Friday, Oct 7, 16 @ 4:19 pm

  13. The DOL should take a step back and give the state a chance.

    Comment by Chicagonk Friday, Oct 7, 16 @ 4:22 pm

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