Home Care Bill Would Undo DOL's 'Casual Basis' Interpretation

A bill that would alter the Fair Labor Standards Act exemption for agency-employed home care workers was filed last week in both houses of Congress. The Fair Home Care Act (H.R. 3582, before the House Education and Labor Committee, and S. 2061, before the Senate Health, Education, Labor and Pensions Committee) responds to the June 11, 2007, U.S. Supreme Court unanimous decision in Long Island Care at Home Ltd. v. Coke, which upheld a Labor Department interpretation that exempted such workers from the Fair Labor Standards Act's minimum wage and overtime provisions. The plaintiff was a home worker who sued her former employer for years of unpaid overtime pay and wages.

The court's decision noted that DOL has wrestled with the interpretation since at least 1993 and even issued its latest interpretation as an internal memorandum only, apparently in response to the Coke lawsuit. But the high court backed the department, saying the interpretation is reasonable.

Rep. Lynn Woolsey, D-Calif. who chairs the House Labor Subcommittee on Workforce Protections, introduced the House bill. Sen. Tom Harkin, D-Iowa, a member of the Senate HELP Committee, introduced the Senate version with 10 co-sponsors, all Democrats, including his fellow HELP members Sens. Hillary Clinton, Christopher Dodd, Barack Obama, and Ted Kennedy, the committee's chairman. Woolsey said in a Sept. 19 speech in the House, as she introduced her bill, that the 1974 exemption is impractical in the current economy. "In 1974, when the exemption was enacted, home care, like babysitting, was largely provided by family and friends," she said. "Today, we live in a different world, and caregiving is one of the fastest-growing industries in the United States. Today about 2.4 million workers are employed by nursing homes, home health care agencies, assisted living, and other residential facilities. Low wages and high turnover contribute to the shortage of workers in this fast-growing field. In 2003, direct-care workers earned an average of $9.20 per hour, significantly less than the average U.S. wage of $13.53 for all workers. Nearly 20 percent of all direct-care workers earn annual incomes below the poverty level, and they are twice as likely as other workers to receive food stamps and to lack health insurance. In addition, most home health care workers are minority women, likely to be single heads of households."


The exemption was meant to apply only to "casual basis" workers, Woolsey said. The new bill clarifies that home health care workers are entitled to OT and minimum wages as long as they are not employed on a "casual basis" -- that is, they work in this capacity more than 20 hours per week.


Share this Page


Comments

Add your Comment

Your Name:(optional)
Your Email:(optional)
Your Location:(optional)
Comment:
Please type the letters/numbers you see above

Follow Us

OH&S is on Twitter.

Join OH&S Magazine on SafetyCommunity!
Join us on SafetyCommunity!

Upcoming Webinars

2/29: GHS will happen…are you ready?
We invite you to attend this webinar to see how GHS is being used today in several workplaces to enhance worker comprehension and safety.

3/14: 10 Webinar Best Practices. Step-by-step guide to executing a winning webinar
By attending this webinar about webinars, you will learn the what, why and how’s of this exciting, collaborative marketing tool.

Spotlight

For February, OH&S puts the spotlight on:

Poll

OSHA Region 6 Administrator John Hermanson says the agency assessed the maximum statutory fines, a total of $21,500 for four alleged serious violations, against a small Oklahoma grain company in connection with amputation injuries suffered by two teenage workers. Does this case demonstrate the need to increase the amounts OSHA can issue in penalties?