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Photo by Markus Winkler on Unsplash

From ANCOR: 

For your awareness, see below for an announcement by the Department of Labor:

“The U.S. Department of Labor today announced plans to rescind two final rules that would significantly weaken protections afforded to American workers under the Fair Labor Standards Act. The first Notice of Proposed Rulemaking proposes the withdrawal of the Independent Contractor Final Rule issued by the department on issued on Jan. 7, 2021, for several reasons. They include the following:

  • The rule adopted a new “economic reality” test to determine whether a worker is an employee or an independent contractor under the FLSA.
  • Courts and the department have not used the new economic reality test, and FLSA text or longstanding case law does not support the test.
  • The rule would narrow or minimize other factors considered by courts traditionally; making the economic test less likely to establish that a worker is an employee under the FLSA.

Among its provisions, the FLSA requires covered employers to pay employees at least the federal minimum wage for every hour worked and overtime premium pay of at least one and one-half times their regular rate of pay for every hour worked over 40 in a workweek. An independent contractor has no FLSA protections.

The second Notice of Proposed Rulemaking seeks to rescind a current regulation on joint employer relationships under the Fair Labor Standards Act, published in the Federal Register and which took effect on March 16, 2020. In February 2020, 17 states and the District of Columbia filed a lawsuit in the U.S. District Court for the Southern District of New York against the department, arguing that the Joint Employer Rule violated the Administrative Procedure Act. The court vacated the majority of the Joint Employer Rule on Sept. 8, 2020, stating that the rule was contrary to the FLSA and was “arbitrary and capricious” due to its failure to explain why the department had deviated from all prior guidance or consider the effect of the rule on workers.

The department invites comments from the public on both proposed rules at www.regulations.gov. The comment periods end on April 12, 2021.

Anyone who submits a comment (including duplicate comments) should understand and expect that the comment, including any personal information provided, will become a matter of public record. The division will post comments without change at www.regulations.gov and include any personal information provided. The division posts comments gathered and submitted by a third-party organization as a group, using a single document ID number at the site.

More information about the proposed rules is available at www.dol.gov/agencies/whd/flsa/… and at www.dol.gov/agencies/whd/flsa/2020-joint-employment.”

——————————
Doris Parfaite-Claude
Federal Advocacy and Research Manager
American Network of Community Options and Resources
Alexandria, VA
(703) 535-7850, x108
[email protected]

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CDC Guidelines were updated March 8, 2021:

How to Protect Yourself and Others

COVID-19 vaccines are effective at protecting you from getting sick. Based on what we know about COVID-19 vaccines, people who have been fully vaccinated can start to do some things that they had stopped doing because of the pandemic.

We’re still learning how vaccines will affect the spread of COVID-19. After you’ve been fully vaccinated against COVID-19, you should keep taking precautions in public places like wearing a mask, staying six feet apart from others, and avoiding crowds and poorly ventilated spaces until we know more.

To read all of the guidance visit the CDC: When You’ve Been Fully Vaccinated web page.

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DHS has released a set of responses to questions presented by stakeholders during DHS Secretary Teresa Miller’s 2021–2022 budget review.

The responses have been formatted by agency and has a link to the DHS Blue Budget book that will provide line item budgetary information. RCPA will be reviewing these responses, and if you have questions, please contact your RCPA Policy Director.

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Department of Human Services Highlights Role of Relationships and Social Support Systems for People with Intellectual and Developmental Disabilities, Autism and Mental Health and Behavioral Challenges

Harrisburg, PA – The Pennsylvania Department of Human Services (DHS) today released the latest issue of the Positive Approaches Journal, which aims to provide the most recent research and resources for people with mental health and behavioral challenges, intellectual disabilities, autism, and other developmental disabilities to live an everyday life. This edition focuses on the importance of social connectedness and outlines ways of supporting people with intellectual and developmental disabilities and autism in forming healthy and long-lasting relationships.

“While the past year has proven incredibly difficult for everyone’s relationships and social life, the pandemic has revealed major disparities in this regard for individuals with intellectual and developmental disabilities and autism. These disparities hurt everyone,” said DHS Secretary Teresa Miller. “People with dual diagnoses often face challenges for true inclusion in their communities; historic segregation, inadequate education, and, on some occasions, abuse have made developing healthy relationships difficult. It is our hope that this edition of the Positive Approaches Journal will shine a light on ways to address these issues and ensure an everyday life for the people we serve.”

This edition features research and guidance on the following:

  • Lessons from COVID-19: The Importance of Social Networks: This article examines importance of strong social networks to overall health and how those networks have served – or failed – individuals with intellectual and developmental disabilities during the COVID-19 pandemic.
  • Our Contribution to Healthy and Unhealthy Relationships: This article outlines best practices in sex education for individuals with intellectual and developmental disabilities and autism.
  • Building Healthy Relationships Together: Healing the Past to Promote a Positive Future: This article explores the societal challenges that people with disabilities face in forming healthy, long-lasting relationships and explores how this has a detrimental impact the community.
  • Toward the White Picket Fence: Experiences Providing Education on Sexuality and Healthy Relationships to People with Intellectual and Developmental Disabilities: This article outlines how to implement a healthy relationships & sexuality curriculum with groups of self-advocates and details the best practices and barriers to implementation.
  • Sexuality, Social Connectedness, and the Internet: This article details ways to ensure people with intellectual and developmental disabilities are safely included on social media and in digital communities without victimization and exploitation.

The journal is a collaboration of DHS’ Office of Developmental Programs and Office of Mental Health and Substance Abuse Services and collects resources, observations, and advancements in mental and behavioral health in order to better serve people with dual diagnoses in their communities.

“Our goal at DHS is to serve more people in their communities, and we hope that by publishing these resources and advancements to professionals and supporters, we can foster more research and improved services to the people who need them,” said Secretary Miller.

Read this edition of the Positive Approaches Journal.

For more information visit www.dhs.pa.gov.

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