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Thread: Anyone being effected by the FLSA final decision?

  1. #1

    Anyone being effected by the FLSA final decision?

    https://www.health.ny.gov/health_car...ndards_act.htm

    I'm losing my live-in aide that I've had for 3+ years to this bs. Medicaid currently does not compensate for the overtime so every agency has decided you must have two aides as the overtime is more than medicaid compensates for... and you can not directly pay the agency the overtime because they already got paid for the aide's service. Even consumer directed personal assistance programs are effected and anyone else who has a live-in is forced to have a separate aide to compensate for this law. Unless you're rich and can pay the whole aide's salary with your own money. This is such fucking bs! /lyingpolitician "We're ADDING new jobs". No you're not, you're splitting up jobs! How is a live-in a live-in when they're there only for 3-4 days? They clearly stated that a live-in must be on the premise for at least 5 days or 120 hours. Medicaid pays up to 10 hours a day so I don't see how they could pass this without adjusting medicaid payout first.

    Has anyone else started to experience this. Apparently this law was being appealed for years and the final decision was two months ago. I'm just now being effected as the agency I deal with has found a second aide to stand in. This was also delayed because my aide is going away tomorrow for 3 weeks.

    There must be a partition or something we can start? I wish I knew about this years ago. It's really depressing... my setup was easy with no real bs for the last 14 years. Now I'm going to have to deal with aides not showing up and it change the atmosphere in my house from a home to a hotel. I'm sure they'll blame it on global warming.
    Joe T.

  2. #2
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    First of all I am quite sorry for you. It is extremely difficult to make such a change to your routine. And Bureaucrats have no clue what this means to someone who MUST depend on others to survive let alone live a fruitful life. However, You are blaming the folks who might be able to assist you in some way. The Politicians do not make the rules, they write a bill which is intended to become law, then after that bill is passed into law, it is a rules committee for the department who is charged with administration the law. They codify the laws.

    Now in your instance and due to this law far more people will be rescued from near slavery than folks like us who will be inconvenienced. Over the years since the labor laws were written to allow it to protect from abusive employers, the predecessor to these clauses this law has been abused, and some Carers were pretty much forced to work under tight financial conditions. Laws by necessity have to be written under pretty general language so all segments of the working public are equally protected by its provisions. And some laws are written into law before the administrators of another part of the public law can catch up with the changes made. This is one of them.

    Government and the Politicians can write laws that they perceive will bring prosperity to the most people. but they cannot conceive how every one will affect every person. Call your State Representative Medicaid is a State governed medical care insurer, perhaps he/she you can influence in some way how they can influence your administrators.

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