HCAOA The Voice Fall 2019

8 HCAOA The Voice MEMBER NEWS HCAOA Files Suit to Protect Caregiver Privacy The Home Care Association of America (HCAOA), the trusted voice of the home care industry, has filed a complaint for declaratory and injunctive relief in the federal Eastern District of California against the state of California, relating to Assembly Bill 2455, which establishes a policy to share the personal contact information of caregivers to unions for the purpose of organizing. The filing, which is joined by the California Association for Health Services at Home (CAHSAH) under representation of Littler Mendelson, P.C., claims that the statute infringes on the National Labor Relations Act. HCAOA and CAHSAH argue that the NLRA has already established proper protocols by which labor unions can solicit new membership. The complaint emphasizes that the union-sponsored legislation has intruded upon an area governed exclusively by the National Labor Relations Act (NLRA), as admin- istered by the National Labor Relations Board (NLRB). AB 2455 violates well-settled principles of federal labor law preemption and must, therefore, be declared unlawful. Additionally, the plaintiffs claim that AB 2455 invades the privacy of caregivers and adversely impacts the ability of home care employers to provide licensed home care services in the State. “It is unconscionable that in the United States today we have a law passed that directs the disclosure of sensitive personal information of caregivers into a database that could potentially be exposed, representing a real risk to the safety and privacy of caregivers,” said Phil Bongiorno, Executive Director of HCAOA. “Furthermore, the law circumvents the process by which workers can formally organize as determined by well-established federal regulations and legal precedents.” HCAOA and CAHSAH are asking the Court to declare that AB 2455 is unconstitutional and preempted by the NLRA and to stop the State of California from enforcing any of the provisions of AB 2455, and, specifically, the disclosure of personal contact information of caregivers. HCAOA Chapter Highlights HCAOA California