DOL Enforcement Delay doesn't Help People with Disabilities

Bruce DarlingDOL Enforcement Delay doesn't Help People with Disabilities

By Bruce Darling

DOL announced that it won't enforce the changes to the Fair Labor Standards Act as a way to address the concerns of the Disability Community. Although delaying enforcement may sound like delaying the effective date, the two things are very different, and the DOL announcement that it will delay enforcing the new FLSA companionship rule changes is a hollow, worthless and insulting solution. To explain why, here is a simple analogy...

Just because your friend - who is a cop - says he won't give you a ticket for speeding, doesn't mean EVERY cop is willing to give you a free pass to speed. Similarly, just because DOL says they won't enforce the law, doesn't mean no one will.

DOL understands that there is still a private right of action and those who don't pay time and a half can be sued and forced to pay by the courts.


CDR President and CEO, Bruce E. Darling, was quoted in Bloomberg Business week regarding Department of Labor (DOL) overtime issues.

Link to article and quote here:


On DOL Overtime Issue, Democrats Aren't Even Willing to Talk

Adam PrizioOn DOL Overtime Issue, Democrats Aren’t Even Willing To Talk

By Adam PrizioPolicy Analyst

On October 14, at the Candidate Forum on Disability Issues in Rochester, NY, Bruce Darling, CEO of the Center for Disability Rights, asked Congresswoman Louise Slaughter’s representative Patty Lark whether Congresswoman Slaughter (D-NY 25) would support legislation to delay implementation of a new Department of Labor (DOL) overtime rule which will cause states to cap attendants at 40 hours per week, interrupting necessary and vital attendant services to people with disabilities.  Ms. Larke indicated that she believed Congresswoman Slaughter would support legislation delaying the rule.

So it is disappointing that neither Congresswoman Slaughter’s office, nor the offices of any other Democratic members of Congress, would even return our phone calls this week to talk about this issue. Disappointing and more than a little troubling, considering the effects that the DOL overtime rule will have.

Determination mixed with Negotiation equals 90% of Counties on Annual Verification List

Determination mixed with Negotiation equals 90% of Counties on Annual Verification List

by Justin Young

Over the past year and a half there has been an ongoing initiative conducted by the Center for Disability Rights, Inc. Community Supplemental Needs Trust related to Verification of Deposit into Pooled Trusts. As stated in the Second Addendum to the Eighth New York State Department of Health Administrative Directive issued in 1996 “verification that the income was placed into the trust is required. In order to eliminate the need to verify this on a monthly basis, it is recommended that you advise the recipient to divert the income directly to the exception trust.” The goal of this initiative has been to ensure as many counties as possible follow a form of Annual Verification thereby ensuring the consumers Medical Assistance benefits are not jeopardized.

Non-Enforcement is Not a Solution!

JStephanie Woodward, Director of Advocacy Non-Enforcement is Not a Solution! DOL Must Delay Implementation of the Companionship Exemption NOW!

By Stephanie Woodward, Director of Advocacy

Despite recognizing the issues that Disability Rights activists have brought to their attention regarding the Companionship exemption changes, the Department of Labor (DOL) is still planning to move forward with implementation of these changes in the Fair Labor Standards Act.

Disability Rights activists have been fighting to delay the implementation of the rule changes because there is simply no funding to support the changes. These changes require attendants to be paid overtime for any hours they work over 40 hours, plus travel time. There is no question that our attendants deserve the extra compensation but Medicaid will not pay for these extra costs. As a result, providers will no longer allow attendants to work over 40 hours per week. This harms attendants because many of them work far beyond 40 hours a week and depend on that extra income. This also harms people with disabilities and seniors because it puts us at risk of institutionalization, because we will not be able to receive the assistance we need to live in the community if our attendants cannot work those hours. There is already a shortage of attendants, so it may be difficult or impossible for us to get another person to cover hours that our attendants will no longer be allowed to work. The threat of institutionalization as a result is real – even DOL identified that some people would be forced into institutions because of these rules.

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