California on Monday filed its 50th lawsuit towards the Trump administration in a case difficult a federal rule that bans states from deducting union dues from the paychecks of tons of of 1000’s of staff who present in-home care to low earnings, disabled and aged individuals.
State Legal professional Normal Xavier Becerra argued that the brand new rule – which places up boundaries for taking worker medical advantages and voluntary union dues out of staff’ paychecks – not solely harms the house care staff who’ve joined a union, but additionally the individuals these staff serve.
“With this rule, the Trump administration isn’t solely harming Medicaid-skilled residence care staff who’ve joined unions, however the hundreds of thousands of seniors and other people with disabilities who depend upon these indispensable staff,” Becerra mentioned in an announcement.
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Becerra famous that the brand new federal rule impacts about 500,000 staff within the state, with lots of them being members of the Service Workers Worldwide Union. Together with California, Connecticut, Massachusetts, Oregon and Washington additionally joined within the lawsuit, which – if profitable – would have an effect on residence care staff throughout the nation.
The SEIU has additionally been closely vital of the Trump administration’s new rule, calling it a “concerted assault towards working” towards roughly 800,000 residence care staff throughout the nation.
“Like so many residence care staff throughout this nation, I selected to hitch my union to have a voice,” Carmen Roberts, a house care employee in California and SEIU member, mentioned in an announcement. “This administration’s new rule is a blatant try and silence residence care staff and to undermine our dignity within the office.”
The Facilities for Medicaid & Medicare Companies introduced the rule change final week, saying that “nothing on this rule would intrude with an employer’s capacity to make payroll deductions which might be required by regulation or voluntary deductions for issues like well being and life insurance coverage … and union dues.”
In 2014, the U.S. Supreme Court docket dominated union dues for residence well being care staff needed to be voluntary, which means unions couldn’t deduct dues from staff who weren’t members but have been nonetheless lined below the collective bargaining settlement. That very same 12 months, former President Barack Obama’s administration issued a ruling clarifying states might deduct dues from paychecks of residence well being care staff who volunteered to hitch the union.
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The Trump administration reversed that rule, arguing it violated federal regulation that bans states from diverting Medicaid cash to 3rd events, with some exceptions. However Becerra and union leaders mentioned it’s designed to weaken the funds of unions by making it tougher for individuals to pay their dues.
“It’s a shameful political assault on residence care suppliers who’re largely girls and other people of colour,” mentioned April Verette, president of SEIU Native 2015, which represents greater than 385,000 long-term care staff in California.
Residence well being care staff are a part of Medicaid’s In-Residence Supportive Companies program. California has the most important IHSS program within the nation, with greater than 500,000 sufferers and greater than 470,000 staff.
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California has turn out to be essentially the most vocal opponent of the Trump administration, with Becerra utilizing federal courts to problem White Home insurance policies on the whole lot from tribal lands and pesticides to the border wall and contraception. Since Trump took workplace in January 2017, Becerra has filed 50 lawsuits towards White Home insurance policies – surpassing the milestone for many lawsuits leveled towards an administration set by Texas when it hit the Obama administration with 48 fits over eight years.
“That’s a variety of lawsuits,” Becerra mentioned Monday, in accordance with the Sacramento Bee. “That’s a variety of wrongdoing and a variety of unlawfulness by the president of the USA. However California goes to face up. We’re going to guard the whole lot that’s made us a spot the place individuals can stay in dignity, and quantity 50 is a kind of I completely intend to win.”
The Related Press contributed to this report.