Weekly column in the Washington Times Communities by Laurie Edwards-Tate

Families, caregivers and small business owners across the United States are expressing strong opposition to the Labor Department’s proposal, supported by the Obama Administration, to remove the “companionship exemption” from the Fair Labor Standards Act (FLSA).

As reported in this column on January 9, this proposed change threatens the quality of home care for many of America’s seniors and disabled adults and will put thousands of people employed in the home care industry out of work.

Currently the FSLA exempts most home care workers (also known as personal care assistants or companion care workers) who provide “companionship services for individual who because of age or infirmity are unable to care for themselves” from minimum wage and overtime pay requirements. The change would remove the exemption, raising costs for businesses and families, increasing the regulatory and paperwork burden and reducing hours for hardworking Americans.

The proposed regulations are now subject to legally required public comments through February 27. Seniors, their families, agencies, and others concerned about the impact of these burdensome and costly regulations are speaking out and let the federal government know the damaging effect these changes will have on them. Following is a small sample:

From Sam G.: “I beg you not to destroy this industry which is providing legitimate employment to millions of home care workers in U.S. Our business is now under jeopardy of the drastic damage by the Department of Labor and President Obama… SAVE SENIORS, SAVE JOBS, SAVE THE INDUSTRY.”

From Catherine S.: “As a professional providing guidance daily to the families of seniors in need of such care, I know they can barely afford quality care as it is. This will immediately put a large portion of the needy elderly population at risk by providing them no other choice but to hire people off the street, with no payroll, and no background checks, just so they can have some continuity of care at a reasonable rate. The risks are obvious.”

From Melissa H.:  “The proposed changes will make legal companion care so expensive that it will be simply unaffordable to millions of seniors who depend on companion services to remain living at home. The changes will also severely reduce the income of many workers currently working as companions. The elderly and infirm that require the most companion services will be hurt the most.”

From Andy H: “Everyone loses in this “private hire” scenario. The vulnerable elderly will be at risk of hiring companions who are not screened, trained or supervised, and what happens when the companion is sick or suddenly quits? Private hire also means companions will not have the protection of unemployment, social security, workers compensation insurance or benefit from any employment laws. Finally, the state loses in the private hire scenario with the loss of payroll taxes, social security contributions, reported taxable income, etc.”

From Kathy J.: “This rule change will create the world’s largest underground economy.”

From Danielle F.: “I strongly oppose this regulation change…In many situations other compensation is considered like reduced for paid rent, utilities so it becomes a win-win situation for both parties. It allows for one individual in need of services to retain independence and the other to provide care while making ends meet.”

From Todd A.: “We’ve been in business for over 25 years providing excellent care with a great staff of employees. This rule would seriously threaten our ability to survive. Our company employs more than 250 people a week caring for over 150 patients. Please consider these facts before passing this rule.”

From Elaine T.: “Once again, government does not always see the reality of the situation.”

The impact could not be clearer. Many seniors and their families will be the ones to pay the price, going without home care services when they can no longer afford it as a direct result of this ill-considered proposal.

Loss of an affordable in-home non-medical care option will force many seniors and people with disabilities into institutional care, which is often paid for through government programs. This means by We The People, the taxpayers.  Federal and state programs are already in jeopardy, and in no position to increase their payment rates to meet the added costs of overtime compensation.

Others will simply turn to the underground economy. They put themselves at risk for substandard care, even elder abuse. Governments will lose tax revenue, while the caregivers will lose important employee protections.

In the end, businesses will close and people will lose jobs. Seniors will be denied affordable care. In today’s economy, how can we possibly risk this destructive impact?

Of course people deserve fair wages for performing the challenging, admirable work of being a caregiver. But the overwhelming negative consequences described so well here in the public comments cannot be disregarded. The current Companionship Exemption accommodates the unique needs of seniors and people with disabilities who need home care in an effort to keep this service accessible and affordable.

You have until Monday, February 27 to visit the Labor Department website at this link to get the contact information for sending your comments.

Take a few minutes to express your opinion on this issue. Let them know how these changes will negatively impact your family and your community. It could make all the difference.

Until next time, enjoy the ride in good health!

LifeCycles is intended to provide inspiration and information only. If you are considering any health, dietary, exercise or lifestyle changes based on the information provided here, please seek advice from a qualified professional.

Laurie Edwards-Tate, MS, is President and CEO of At Your Home Familycare in San Diego, California. In addition to her positions as entrepreneur, health care executive, educator, radio segment contributor and media guest, Edwards-Tate is also a wife, daughter, and dog lover. Read more LifeCycles in the Communities at The Washington Times. Follow At Your Home Familycare on Facebook and on Twitter @AYHFamilycare.

Please credit “Laurie Edwards-Tate for Communities at WashingtonTimes.com” when quoting from or linking to this story.

Copyright © 2012 by At Your Home Familycare

Weekly column in the Washington Times Communities by Laurie Edwards-Tate

Whether you’re a football fan or not, you’re probably talking about the commercials from this weekend’s Super Bowl: Clint Eastwood, David Beckham and Adriana Lima, talking babies, plenty of clever dogs and lots of auto ads.

But if you’re over 50, you probably noticed most of the advertisers didn’t bother to talk to you. This is a big, big mistake. Baby Boomers born between 1946 and 1964 represent 26.3 percent of the country’s total population but control a third of all consumer spending – more than $2.1 trillion in annual buying power according to the MetLife Mature Market Institute. That’s more than sixteen times Generation X (born 1965-1976, $125 billion in buying power) and Generation Y (1977 – present, $172 billion buying power).

Only two of the top 15 favorite brands of Baby Boomers identified by Ad Age magazine bought advertising on the Super Bowl: Volkswagen and Pepsi. The list in order:

1. Levi’s
2. Harley-Davidson
3. Volkswagen
4. Slinky
5. Noxzema
6. The Beatles
7. L’Eggs
8. Pepsi
9. Absolut Vodka
10. Saturday Night Live
11. Facebook
12. Frye Boots
13. Coach Bags
14. Clairol
15. Club Med

The Vibrant Woman website surveyed its audience of women over 50 about their favorite brands. None of them showed up either: Polo/Ralph Lauren, Martha Stewart, Jack Daniels, Subaru, Starbucks, and Merrill shoes.

Other brands known for targeting baby boomers with successful marketing include BMW/Mini and Starwood Hotels. They were missing in action too.

Just one ad was clearly designed to appeal to Baby Boomers. It came from Honda with its send-up of the movie “Ferris Bueller’s Day Off” featuring the mature in age but not in attitude Matthew Broderick. Most critics applauded it as fun, creative, and clever, among the most successful ads of this year’s game.

We have to go back two years to Super Bowl 44 in 2010 to find a commercial that successfully appealed to adults over 50, and it was by far the most successful Super Bowl commercial that year and named the most successful commercial for all of 2010. It’s possibly one of the few you can remember: the Snickers commercial featuring Betty White and Abe Vigoda playing touch football. The commercial turned out to be a springboard for the then 88-year-old White, who has since become one of the most popular and well-known celebrities in the United States and who is still going strong at age 90.

The group that really missed out: technology companies. USA Today reported in 2011 that Baby Boomers spend more on technology than young buyers, according to data from Forrester Research. It’s true that younger buyers are eager technology shoppers but they don’t have the buying power of the Baby Boomers. For example, Baby Boomers are buying more Apple products. They cite their ease of use, speed, dependability, and style. Imagine that!

It’s true that people of all ages get a kick out of funny animals, babies, and wild stunts, but imagine the payoff if a company actually figured out that people over 50 are watching, are paying attention, and have money ready to spend. It seems like a winning formula to me.

Until next time, enjoy the ride in good health!

VIDEO: Watch all the Super Bowl XLVI ads here.

LifeCycles is intended to provide inspiration and information only. If you are considering any health, dietary, exercise or lifestyle changes based on the information provided here, please seek advice from a qualified professional.

Laurie Edwards-Tate, MS, is President and CEO of At Your Home Familycare in San Diego, California. In addition to her positions as entrepreneur, health care executive, educator, radio segment contributor and media guest, Edwards-Tate is also a wife, daughter, and dog lover. Read more  LifeCycles in the Communities at The Washington Times. Follow At Your Home Familycare on Facebook and on Twitter @AYHFamilycare.

Please credit “Laurie Edwards-Tate for Communities at WashingtonTimes.com”when quoting from or linking to this story.

Copyright © 2012 by At Your Home Familycare

Weekly column in the Washington Times Communities by Laurie Edwards-Tate

Are you still sticking with your New Year’s resolution? You have almost made it through the first month. Congratulations! Scientific studies show that it takes 21 days to form a new habit. If you got started on New Year’s Day, you should have some healthy new habits in place.  This is something to be proud of.

If you did not make a New Year’s resolution about your health or diet, you can still make good choices to improve your eating habits by choosing more of the foods loaded with healthful nutrients including anti-oxidants, fiber, and protein, with less fats, sugars, and sodium.

So many healthy food lists seem unrealistic to me. They have exotic grains and fruits and vegetables that are not on the shelves at the average American supermarket. Who has time to go to a half-dozen stores for exotic specialty products?

In some cases, healthy foods seem more like prescriptions, not pleasurable eating experiences. No one would stick with them as part of their diet except for the most extreme and disciplined person which is also unrealistic.

This is a list of ten foods you should have no trouble finding which are also delicious and easy to prepare that appear on the lists from numerous nutrition experts.

The Ten Best

Greek yogurt is loaded with calcium and protein. Choose a low or nonfat version. Add berries and sprinkle with chopped nuts.

Salmon may be prepared in many different ways. It is rich in valuable omega-3s and antioxidants.

Broccoli is packed with valuable nutrients and delicious when you learn how to prepare it without overcooking.

Green tea has numerous benefits and can be sipped hot or cold.

1. Berries – Blueberries, strawberries, raspberries, blackberries, they are all packed with anti-oxidents and provide that bit of sweetness we love without processed sugar. Frozen berries lose a minimum of nutritional punch so there is no excuse not to eat them year-round.
2. Yogurt – This is not the sweetened, frozen kind, or the fruit on the bottom type loaded up with sugar. Choose unsweetened, low (2%) or non-fat yogurt. If you have not tried Greek style yogurt, you may be pleasantly surprised. Add a touch of cinnamon, honey and nuts.
3. Sweet potatoes –  Packed with Vitamins A, C, and loaded with fiber if you eat the skin. Eat them in soup, salad, casseroles, or pureed. If you need a little indulgence, cut them into fries, dust with seasonings and a light touch of olive oil and bake them for healthy but indulgent fries. Avoid Grandma’s version loaded with syrup, brown sugar and marshmallows.
4. Salmon – Salmon is rich in cancer-fighting omega-3 fatty acids, which also prevent heart disease and have been linked to a reduced risk of depression. A serving also contains niacin, which is thought to protect you against Alzheimer’s disease and memory loss. Go for wild salmon to maximize the benefits.
5. Garbanzo Beans – These beans are packed with iron, trace minerals, protein and fiber. You can hardly do better! One serving has more than 30% of the protein and almost 50% of the fiber you need daily. Add a good fat such as olive oil to help fully digest the protein. Hummus on vegetables or crispbread is a great choice that feels indulgent.
6. Broccoli – Jam packed with cancer fighting agents, vitamin C, and fiber. Microwave it in a covered bowl with a little water, and drizzle with lemon or flavored vinegar.
7. Nuts – Full of omega-3s, almost as much as salmon, plus antioxidants. Walnuts, almonds, and Brazil nuts are good choices. Avoid overly salted nuts, and watch out for overdoing it as you can end up eating a lot of calories. Use them on top of other dishes as a garnish or eat a handful as a snack.
8. Green tea –  Researchers keep learning more about green tea’s potential to fight cancer and heart disease, lower cholesterol, burn fat, prevent diabetes and strokes and protect against dementia. Green tea drinkers have lower blood pressure. Drinking green tea instead of sugary drinks or coffee loaded with cream can aid weight loss. Drink it hot or cold, and as much as you like.
9. Barley – Barley is a low-glycemic grain (meaning it does not spike blood sugar). It is high in both soluble and insoluble fiber, which lowers cholesterol and reduces the risk of colon cancer. It helps the body metabolize fats and other carbohydrates. It is also tasty and readily available. Use it as a delicious breakfast cereal, in soups and stews and as a rice substitute.
10. Spinach – Popeye was right. Spinach is one of the most nutrient-dense foods that exists, packed with antioxidants, fiber, calcium, protein, folate and iron – and a cup is only 40 calories!  It helps prevent cancer, improves brain function and memory, strengths your cardiovascular system, and protects you against aging. Talk about motivating! Add it to smoothies, soups, put it on sandwiches, sneak it in wherever you can.  

It is unrealistic to expect anyone to radically change their diet by eating all ten of these foods at once. Consider trying to add servings of two per week while continuing to cut back on unhealthy foods in your diet.

Look up appealing recipes in publications such as Prevention Magazine. You may find some new favorites and you can feel great about your positive health changes!

Until next time, enjoy the ride in good health!

LifeCycles is intended to provide inspiration and information only. If you are considering any health, dietary, exercise or lifestyle changes based on the information provided here, please seek advice from a qualified professional.

Laurie Edwards-Tate, MS, is President and CEO of At Your Home Familycare in San Diego, California. In addition to her positions as entrepreneur, health care executive, educator, radio segment contributor and media guest, Edwards-Tate is also a wife, daughter, and dog lover. Read more  LifeCycles in the Communities at The Washington Times. Follow At Your Home Familycare on Facebook and on Twitter @AYHFamilycare.

Please credit “Laurie Edwards-Tate for Communities at WashingtonTimes.com”when quoting from or linking to this story.

Copyright © 2012 by At Your Home Familycare

Weekly column in the Washington Times Communities by Laurie Edwards-Tate

A disaster looms on the horizon for the home care industry, its workers, and for the seniors and disabled adults and their families who rely on affordable, quality home care to remain independent. This safety net is being threatened by a Labor Department proposal backed by President Barack Obama as a way to get around stalled jobs legislation in Congress.

As expected, Labor Department officials have officially recommended removing the “companionship exemption” from the Fair Labor Standards Act (FLSA).  This change, while perhaps well-intentioned on the surface, threatens the quality of home care for many of America’s seniors and disabled adults and will put thousands of people employed in the home care industry out of work.

Currently the FSLA exempts most home care workers (also known as personal care assistants or companion care workers) who provide “companionship services for individuals who because of age or infirmity are unable to care for themselves” from minimum wage and overtime pay requirements. The U.S. Supreme Court recently affirmed this companionship exemption.

Speaking at a White House ceremony in December to announce this action, President Obama was surrounded by a dozen home health care workers. “They deserve to be treated fairly. They deserve to be paid fairly for a service that many older Americans couldn’t live without.”

Make no mistake. Many seniors and their families will be the ones to pay the price, going without home care services when they can no longer afford it as a direct result of this ill-considered proposal.

Live-in and sleep-over time is vitally important as a critical safety net. It often provides respite to family caregivers. But it is often no more than being available.  Little or no work is being performed for many of the hours of these shifts.  Overtime is difficult to justify under these circumstances. The cost of overtime especially will make in-home non-medical care unaffordable for many, if not most, of the seniors and persons with disability we serve.

Modifying the exemption will have unintended consequences. In 29 states, including California, an agency will employ a live-in caregiver for a 24-hour shift. If the overtime exemption is eliminated, the agency will staff this case with three workers in eight-hour shifts instead. The workers’ pay will drop and the client will lose continuity of care and the safety it provides with three workers rather than one.

Loss of an affordable in-home non-medical care option will force many seniors and people with disabilities into institutional care, which is often paid for through Medicare, Medicaid or another government program. This puts the burden on taxpayers.  At a time where the nation is taking a hard look at cutbacks in these programs, this is a cost Americans can ill-afford.

People who need private duty services who can no longer afford the professional, caring services offered through private duty companies will simply employ people through the underground economy. They put themselves at risk for substandard care, even elder abuse. Governments will lose tax revenue, while the caregivers will lose important employee protections.

PHI, a national advocacy organization for home care workers, estimates that personal care aides are projected to be the fourth fastest-growing occupation in the U.S. between 2008 and 2018, increasing by 46 percent.  This is no surprise, as we know the U.S. population over 65 is expected to double in the next 20 years.

No one opposes adequate and fair wages of those doing such admirable work. But this need must be carefully balanced with the unique needs of seniors and people with disabilities who need home care and keeping that type of care affordable.

For a patient with dementia who needs 24-hour care, for example, a family is currently allowed to pay home aides at a flat hourly rate. Lindsay points out that if overtime rules apply, the cost of care could triple. How many families could afford a service that triples in price overnight? How many seniors on fixed incomes could even begin to afford it? Many struggle just to pay for food, housing, and medications.

Most home care providers are small business with limited resources.  Eliminating the companionship exemption would result in reduced availability of care to seniors and the disabled, and increase the costs of service delivery with no corresponding increase from third party payers, such as Medicaid.  Federal and state programs are already in jeopardy, and in no position to increase their payment rates to meet the added costs of overtime compensation.

When the proposed regulations are formally published in the Federal Register, there will be a 60-day period to submit comments. According to health care law attorney Elizabeth E. Hogue of Burtonsville, Maryland, in the past input has been effective making an impact on proposed Labor Department regulations addressing such exemptions.

It is imperative for seniors, their families, agencies, and anyone else concerned about the impact of these burdensome and costly regulations to speak out and let the federal government know the damaging effect these changes will have on them.

To preserve your right to affordable, reliable home care services, it is critically important that you contact the Labor Department and tell officials you oppose this change.

To make an official comment, you can do so online through the Federal eRulemaking Portal. Comments must be received on or before February 27, 2012. In order to leave a comment, please click on this link. When you reach the page, click on the “Submit a Comment” button and enter your comment.

Please note that you will be required to give your contact information in order to comment and that it may be publicly posted.

You may also mail a letter to:

Mary Ziegler

Director, Division of Regulations, Legislation, and Interpretation

Wage and Hour Division

U.S. Department of Labor, Room S-3502

200 Constitution Avenue NW

Washington, DC 20210

All submissions must include the agency name and Regulatory Information Number (RIN) 1235-AA05.

Take a few minutes and contact your representatives in Washington. Let them know how these changes will negatively impact your family and your community. It could make all the difference.

Until next time, enjoy the ride in good health!

LifeCycles is intended to provide inspiration and information only. If you are considering any health, dietary, exercise or lifestyle changes based on the information provided here, please seek advice from a qualified professional.

Laurie Edwards-Tate, MS, is President and CEO of At Your Home Familycare in San Diego, California. In addition to her positions as entrepreneur, health care executive, educator, radio segment contributor and media guest, Edwards-Tate is also a wife, daughter, and dog lover. Read more  LifeCycles in the Communities at The Washington Times. Follow At Your Home Familycare on Facebook and on Twitter @AYHFamilycare.

Please credit “Laurie Edwards-Tate for Communities at WashingtonTimes.com”when quoting from or linking to this story.

Copyright © 2012 by At Your Home Familycare

Weekly column in the Washington Times Communities by Laurie Edwards-Tate

In the week between Christmas Day and New Year’s Day, we start getting serious about New Year’s resolutions. Nearly half of all Americans will make a New Year’s resolution.

Resolutions have a long tradition. Ancient Romans including Julias Caesar offered resolutions of good conduct to the God Janus, the god of beginnings and doorways whose two faces look both backwards and forwards. The month of January is named after him. Ever since these times, people have used the beginning of a new year and the prospect of a clean slate to seize a new opportunity.

The most popular resolutions today involve our personal health: quitting smoking, losing weight, and exercising more. Improving family relationships or spending more time with family is another popular category. Saving money, making more money, and other financial goals rounds off the top three most popular categories.

Do we set ourselves up for failure when we make resolutions? How many of us are still going to the gym or eating healthfully by Valentine’s Day? Surprisingly, more than you might believe.

Dr. John Norcross, a Distinguished University Fellow and Professor of Psychology at the University of Scranton (PA), was curious how many people were successful in sticking to their resolutions. He said he was tired of people saying that resolutions didn’t work and no one should bother to try them. He tracked people who made resolutions and people who had the same types of goals but who didn’t make resolutions.

The good news is that the glass is half full. Forty-six percent of the people who made resolutions were still successful after six months. Only four percent of those who hadn’t stated a resolution were successful after six months. So while there are people who fail, many others succeed. You can be one of them.

So it’s worth taking your resolution seriously and giving yourself the best possible chance of success. What should you do to become part of the 46 percent? Experts suggest several tips:

• Make your goals realistic and attainable. Losing 50 pounds is admirable, but it may make more sense to strive for 20 pounds. Going to the gym every single day sounds great, but shooting for three days a week is something you have a better chance of sticking with.
• Set both short-term and long-term goals. Aim for losing five pounds in the first month toward your 20-pound weight loss. Achieving small near-term goals are shown to boost confidence and help people stick with their program. People also work harder when deadlines loom.
• Identify specific steps in your plan to achieve your goal. Using the weight-loss example, resolve to change specific habits, such as giving up sugary sodas in favor of sparkling water and unsweetened iced tea. Substitute crispbreads for chips. Plan to walk three days a week.
• State your intentions publicly, and enlist support. You are much more likely to stick to your plan to go to the gym if you plan to exercise with a friend, or commit to a trainer. Even buying a pedometer to count your steps daily can help.
• Plan what you will do if you slip. Setbacks are inevitable, but they don’t need to derail your efforts. When you have one, identify the reasons and the triggers, and consider what you can do to avoid it happening again. Did you engage in mindless eating watching football on TV at a friend’s house? Suggest other activities, or contribute healthier food choices.
• Celebrate your successes, and surround yourself with others who are on the road to success.

If you would like to start on your resolution here and now, go for it by stating your intentions in the comments section. What do you resolve to achieve in 2012?

Until next time, enjoy the ride in good health!

LifeCycles is intended to provide inspiration and information only. If you are considering any health, dietary, exercise or lifestyle changes based on the information provided here, please seek advice from a qualified professional.

Laurie Edwards-Tate, MS, is President and CEO of At Your Home Familycare in San Diego, California. In addition to her positions as entrepreneur, health care executive, educator, radio segment contributor and media guest, Edwards-Tate is also a wife, daughter, and dog lover. Read more  LifeCycles in the Communities at The Washington Times. Follow At Your Home Familycare on Facebook and on Twitter @AYHFamilycare.

Please credit “Laurie Edwards-Tate for Communities at WashingtonTimes.com” when quoting from or linking to this story.  

Copyright © 2011 by At Your Home Familycare