This note addresses three of the unintended consequences of the State of Illinois’s application of the Fair Labor Standards Act (FLSA) to Domestic Service for Individuals with Disabilities. These individuals often have major medical needs and Illinois’s application of the FLSA to health care services threatens the health and well-being of people with disabilities. This note will discuss how the implementation of new overtime rules based on the FLSA will (1) violate the Illinois Administrative Procedures Act; (2) violate Title II of the Americans with Disabilities Act and the United States Supreme Court’s holding in Olmstead; and (3) will explore the ways other States have implemented the FLSA overtime requirements without putting their resident’s health at risk.
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