Words to Know

Basic needs – Things people need to stay alive and feel okay. Some examples of basic needs are food, health care, housing, and clothes. 

Burden – Something that makes it harder for people to get home care.

Department of Labor (DOL) – The part of the government that is in charge of laws about work. The DOL makes sure people follow what the FLSA says.

Domestic workers – People that work with disabled people and elderly people in their homes. 

Fair Labor Standards Act (FLSA) – A law passed in 1938. It made a minimum wage for most workers in the U.S.

Finalizing – When a rule is finished. This means that people will have to follow the rule. 

Minimum wage – The smallest amount that a workplace can pay someone for one hour of work. Right now in August 2025, the federal minimum wage is $7.25 an hour. 

Oppose – To disagree with something. ASAN opposes the DOL’s proposed rule about the FLSA.

Overtime payment – Extra pay given to workers when they work more than forty hours in a week.

Proposed rule – An idea or draft of a rule. That means people don’t have to follow the rule yet. 

Public comments – A way for people to share ideas with the government. Public comments let the government know what everyday people think about a proposed rule. 

Public comment periods – The time that people can send public comments.

Sources – Proof that shows what you are saying is true. Things like research papers and news reports are kinds of sources.

What is the FLSA? Who are domestic workers?

The Fair Labor Standards Act (FLSA) is a law passed in 1938. The Fair Labor Standards Act did some helpful things. The law made a minimum wage for most workers in the United States. 

The minimum wage is the smallest amount that a workplace can pay someone for one hour of work. Right now in August 2025, the federal minimum wage is $7.25 an hour. That means most workers in the United States must get paid at least $7.25 for every hour of work they do. 

The FLSA also made sure some workers get overtime payment. Overtime payment is extra pay given to workers when they work more than forty hours in a week.

The FLSA is a law that applies to many kinds of workers. One kind of worker that FLSA applies to is a domestic worker. Domestic workers are people that work with disabled people in our homes. 

Here are some examples of domestic workers:

• Home health aides
• Personal care aides (PCAs)
• Direct support professionals (DSPs)
• Housekeepers
• Cooks

The FLSA gives some domestic workers minimum wage and overtime payment. But right now, some people in the government want to change that. These changes might make it harder for certain domestic workers to get minimum wage and overtime payment.  This would be bad. If the government makes the change, some domestic workers would get paid less.

Domestic workers struggle when they get paid less. They can have trouble paying for things like food and health care. They might have to find other work that can pay for their basic needs. This can make some domestic workers quit their jobs or work less hours. That would be a big problem for disabled people who need their help. In many places, it is already hard for people with disabilities to find domestic workers to help them. These changes would make that problem worse. 

This toolkit explains more about the changes the government is trying to make to the rules about FLSA. This toolkit talks about why the changes are a problem. It explains what you can do to stop these changes from happening.

What is happening with rules about domestic workers right now?

The Department of Labor (DOL) is the part of the government in charge of laws and rules about work. The DOL makes sure people follow what the FLSA says. Right now, the DOL is thinking of making a new rule. This rule would change some parts of the FLSA in ways that would affect domestic workers. The rule would make it harder for some domestic workers to get minimum wage and overtime payment.

On July 2nd, 2025, the DOL put out a proposed rule. A proposed rule is an idea or draft of a rule. That means people don’t have to follow the rule yet. They only have to follow the rule if it gets finalized. Finalizing the rule means that people will have to follow the rule. These rules sometimes get called regulations. This toolkit uses the word ‘rules’ to talk about regulations. 

ASAN does not like the proposed rule for FLSA. We must tell the DOL that we do not want them to finalize the rule.

What would the DOL’s proposed rule change for domestic workers? What would the DOL’s proposed rule change for people who get home care?

Domestic workers 

The FLSA’s rules give some domestic workers minimum wage and overtime payment. But other domestic workers do not get minimum wage and overtime payment. The DOL’s proposed rule would get rid of minimum wage and overtime payment for even more domestic workers. 

Getting rid of minimum wage and overtime pay for more domestic workers would be very bad. It would mean that some domestic workers would get paid less money. ASAN does not want any domestic workers to be paid less money. Domestic workers might have a hard time paying for their basic needs if they are paid less money. Basic needs are things people need to stay alive and feel okay. Some examples of basic needs are food, health care, housing, and clothes. Everyone should get paid enough money to meet their basic needs. 

The DOL’s proposed rule shows that its members do not think domestic work is important. They do not care about domestic workers or their rights. Trying to get rid of minimum wage and overtime pay for some domestic workers is a big deal. A lot of domestic workers are people of color. A lot of domestic workers are people with disabilities. The DOL’s proposed rule would hurt people of color and people with disabilities the most. 

ASAN knows that domestic workers do really important work. Domestic workers should get paid more money, not less.

People who get care 

The DOL says that paying domestic workers less money will help people who get care from domestic workers. This is not true. Hurting domestic workers also hurts people who get home care. 

Domestic workers that are paid less cannot meet their basic needs.This means domestic workers have to get different jobs to survive. If they quit, there are fewer domestic workers. There are not enough domestic workers to give care to everyone who needs care. 

Some people who need care can not get it because there are not enough domestic workers near them. Paying domestic workers less money will make this problem worse.

When people do not get enough money to meet their basic needs, all parts of life get harder. For domestic workers, that can mean they have a harder time doing their job. 

For example:

Henry is a domestic worker. He is not paid much money. He can’t pay to go to the doctor. Henry gets sick, and is not able to come to work. Henry gets sick again many times because he can’t afford to see a doctor. The person Henry cares for struggles because they do not have his help.

Fair pay for domestic workers means better care for disabled people!

What does ASAN think about the DOL’s proposed rule?

ASAN opposes the DOL’s proposed rule. That means we do not agree with the proposed rule. We do not want people to have to follow the proposed rule.

ASAN wants more people to be able to get care. Paying domestic workers less money will not help anyone get care. Giving more money to Medicaid will help people get care. Making it easier for people to get services at home and in the community will help people get care. Paying domestic workers more will help people get care because more people will want to be domestic workers. The DOL’s proposed rule will not help people get home care. That is why ASAN opposes the DOL’s proposed rule.

How can I tell the DOL what I think about the proposed rule?

The DOL wants to know what people think of their proposed rule. The DOL is asking for public comments on the proposed rule. Public comments are a way for people to share ideas with the government. Public comments let the government know what everyday people think about a proposed rule. 

People in the government have to read the public comments. Then, they decide whether or not to finalize the rule. They also decide if they will make any changes to the rule. After the rule gets finalized, people have to start following the rule.

Anyone can write a public comment. The government asks for public comments to try to hear everyone’s opinions. You do not need to be an expert to write a comment.

Usually, everyday people don’t send in public comments. Sending in a public comment can be confusing. But sending in a public comment is important. We hope you submit a public comment! 

The government needs to hear from people it doesn’t usually hear from. For example, the government doesn’t usually hear from self-advocates. The government needs to hear from self-advocates. That is how the government can make policies that help us.

People only have a short time to make public comments. This is called a public comment period. Public comment periods are the time that people can send public comments. The public comment period for the DOL’s proposed rule will end after September 2nd, 2025. This means that no one can send a public comment to the DOL about the proposed rule after September 2nd, 2025.

Public comments need to be unique. That means your comment needs to be different from everyone else’s. That’s because the DOL will only read unique public comments. That means if two people send the same comment, the DOL will only read it once. Even though they are 2 comments, the DOL will act like they are only 1 comment.

Here are some other tips for writing your public comment:

• Write 1000 words or less for your comment. The DOL might not read more than the first 1000 words.
• Do not put private information about your life in your comment. Do not write your address or other contact information. Don’t send pictures or videos.
• Don’t talk about other problems people with disabilities have. Focus on just talking about fair pay for domestic workers. Focus on talking about why domestic workers are important to you.
• Try to add personal details about why domestic workers matter to you. That will help people working for the government to remember your story.
• Only send in a comment you write yourself. You can start from ASAN’s template, but you need to change it to be your own words.
• You won’t hear anything back from the DOL when you send your comment. You might not hear back from the DOL at all. But the DOL will still read your public comment. 

What should I write in my public comment? 

There are some important things that everyone who writes a public comment on the proposed rule can say:

• You can say that you do not support the DOL’s proposed rule.
• You can say that you want all domestic workers to be paid at least minimum wage. You can say that you want all domestic workers to get overtime pay.
• You can say that the proposed rule would be a burden to getting home care. A burden means it would be harder to get home care.
• You can say that you get better home care when your domestic worker is paid fairly.
• You can say that paying domestic workers less money will not help you get home care. 
• You can say that giving more money to Medicaid will help you get home care. 
• You can say that making it easier for people to get services at home and in the community will help you.  You can give examples about how your home care workers help you live your life. 
• You can say that paying domestic workers more will help people get care. Paying domestic workers more will make more people want to be domestic workers. 
• If your DSP ever had to quit because of low pay, you can talk about that.

You can also share more about how the proposed rule would be bad for you or people you know. The DOL really wants to hear stories from people the proposed rule would affect the most. Here are some ideas for things you can share in your public comment. Only share things about yourself or people you know that are true!

• You can share your experience with disability.
  • I am a disabled person/person with a disability. 
  • I am a family member of a disabled person/person with a disability. 
  • I am a caregiver for a disabled person/person with a disability.
• If you get home care, you can talk about times when it has been hard to find home care. You can talk about times when it has been hard to keep home care.
  • I need help with tasks at home because of my disability. I can not always get the care I need.
  • There are not enough domestic workers in my area to give everyone the home care they need. 
  • I would be able to hire the domestic workers I need if there was more federal funding for Medicaid. I would be able to hire the domestic workers I need if my state raised the minimum wage for domestic work. 
• If you are a domestic worker, you can share about your experiences doing your job.
  • It is hard for me to meet my basic needs because I do not get paid a living wage. 
  • Domestic work is real work. Domestic work is important work.
  • I want all domestic workers to get paid at least minimum wage. I want all domestic workers to be able to get overtime pay.
  • I am a domestic worker with a disability. It is expensive to pay for the care I need because of my own disability. I love being a domestic worker. But I have thought about quitting because I am not paid fairly. 
  • I would be able to stay at my job if there was more federal funding for Medicaid. I would be able to stay at my job if my state raised the minimum wage for domestic work.

These are just examples of things you can share about yourself and your experiences. You do not have to talk about all of the things on the list above. The most important thing to say in your comment is that you oppose the proposed rule!

How do I share my public comment with the DOL?

To submit your comment to the Department of Labor, follow these steps: 
Click this website link: https://www.federalregister.gov/documents/2025/07/02/2025-12316/application-of-the-fair-labor-standards-act-to-domestic-service. This will take you to the Federal Register website. The Federal Register website is the website the government uses to collect public comments. This is what you should see:

Type your comment where the page says “Start typing comment here”. This is what you should see:

It is a good idea to type your comment somewhere you can save it and then copy and paste it into the space that says “Start typing your comment here”. For example, you could write your comment in a Word document and then copy and paste it into the space that says “Start typing your comment here”. That way, your comment will not be lost if the Federal Register website page refreshes or if your computer runs out of battery. 

If you want to attach files to your comment, you can. You do not have to attach files. Some people upload a file that includes links to sources that support the things they say in their comments. Sources are proof that shows what you are saying is true. Things like research papers and news reports are kinds of sources.

You can type your email address in the space on the page that says “email address”. You do not have to type your email address. You can type your email address if you want to get an email that tells you when the DOL gets your comment.

• Choose how you want to submit your comment. You can click on one of the three squares under the text that says “Tell us about yourself! I am…”.
  • The first square says “an individual”. You should pick the first square if you are writing your comment as yourself. If you pick the first square, a section on the page will pop up that says “contact information”. You will have to type your first name and last name. You can also type the other information the “contact information” section gives you space to type, but you do not have to. 
  • The second square says “an organization”. You should pick the second square if you are writing your comment for an organization you are a part of. For example, if your self-advocacy group asked you to submit a public comment for them, you would click the second square. If you pick the second square, a section on the page will pop up that says “Your organization information”. Click on the text that says “Select an Organization Type”. Click on one of the options from the menu that pops up. If you are not sure which option to pick, you can just pick “Organization”. Then, type the name of your organization in the space that says “Organization name”. 
  • The third square says “anonymous”. You can pick this option if you do not want anyone to see your name next to your comment.

Click the box next to the text that says “I’m not a robot”. 

Click the blue button that says “Submit Comment”.

If the button looks like this, that means you have not answered all of the questions you need to answer.

Go back to the top of the page and make sure you have typed something in every box with a red asterisk next to it. The red asterisk looks like this:

*

If the button looks like this, that means you have answered all of the questions you need to answer.

Now, you can submit your comments by clicking this button. Great job!

As a reminder, the public comment period for the DOL’s proposed rule will end after September 2nd, 2025.
We know that the public comments process is not accessible for a lot of people. Unfortunately, this is the only way the government accepts comments right now. If you have trouble submitting your comment, email Jules Good, State Advocacy Manager at the Autistic Self Advocacy Network, at [email protected]. Jules can help you submit your comment!

What happens after I submit my public comment?

The DOL will read all the public comments people send to them.  The DOL might use the things they learn from public comments to make changes to the proposed rule. The DOL has to read every comment. They need to write an answer to every comment. But, they can group similar comments together and answer them all at once. That’s why it is important to write your own unique comment. 

After answering all public comments, the DOL decides if they will finalize the rule. If they decide to finalize the rule, the rule becomes part of the law. Then, the DOL makes sure that people follow the new rule. 

It might take a long time for the DOL to decide what to do with their proposed rule. ASAN will keep fighting for domestic workers to get fair pay. ASAN will keep fighting for more people to get the care they need.