Oct. 10, 1998: Congressional Record publishes “THE HOUSEPARENT PROTECTION ACT”

Oct. 10, 1998: Congressional Record publishes “THE HOUSEPARENT PROTECTION ACT”

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Volume 144, No. 142 covering the 2nd Session of the 105th Congress (1997 - 1998) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“THE HOUSEPARENT PROTECTION ACT” mentioning the U.S. Dept of Labor was published in the Extensions of Remarks section on pages E2039 on Oct. 10, 1998.

The publication is reproduced in full below:

THE HOUSEPARENT PROTECTION ACT

______

HON. JOSEPH R. PITTS

of pennsylvania

in the house of representatives

Friday, October 9, 1998

Mr. PITTS. Mr. Speaker, today I am introducing legislation to provide an exemption from Department of Labor (DOL) wage and hour regulations to employees of private, nonprofit institutions who serve as houseparents.

Houseparents are men and women who work and live in certain institutions and care for and supervise residents of the institution. Usually in compensation for their services, houseparents receive a fixed annual salary, food, lodging, and transportation.

Mr. Speaker, there are several wonderful homes in my district that use the houseparent model. They are: a home for teenage mothers with small children, a home for pregnant young women, a home for disabled adults, as well as several homes for troubled and abused children. These homes have been very effective in caring and ministering to these needy individuals. Because of the care and support of their houseparents, most of these individuals are able to leave the group home and become productive members of society.

Mr. Speaker, the Department of Labor's recent interpretation of the Fair Labor Standards Act (FLSA) as it applies to houseparents has resulted in lawsuits and large legal fees for a small non-profit group home in my district, and several other homes across the nation. Houseparents serve a much different purpose than other caretakers of institutions. Houseparents volunteer to permanently reside at the group home in which they work. Caring for the individuals in their home is more of a calling to them than an occupation.

The DOL, however, has decided that these houseparents should be paid minimum wage and overtime pay for the time they are at the home. This means that many houseparents would need to be paid 24 hours a day, even for the time they are sleeping, or not directly caring for the residents of the home. This ridiculous interpretation by the DOL has driven up the cost of operating these homes to the point that many of them can no longer provide services and have been shut down. Other homes are being forced to use a type of employment model whereby

``teams'' of houseparents would be required to work in eight-hour shifts to care for the residents. Not only does this shift model also drive up costs, but also destroys the family-like arrangement of the home.

Mr. Speaker, houseparents serve a very important role in these institutions. They create a family atmosphere for individuals who do not have parents or whose parents are unable to care for them. Individuals who work in these homes do so out of a selfless calling, and provide structure and care for a vulnerable group of people in our country. My bill will end the Department of Labor's policy of stopping houseparents from caring for people who need their loving support.

____________________

SOURCE: Congressional Record Vol. 144, No. 142

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