Home health workers not entitled to overtime

[Lanya]

Supreme Court says wage rules don't apply to home healthcare workers
By David G. Savage, Times Staff Writer
4:51 PM PDT, June 11, 2007

WASHINGTON -- The nation's growing cadre of home healthcare workers are not entitled to minimum wages or overtime pay under federal law, even if they work for private employers, the Supreme Court ruled today.

The 9-0 decision keeps in place a long-standing exemption to the minimum wage law for workers who provide "companionship services" at home to those who are sick or elderly.

With an estimated 1 million workers now assisting the elderly and the injured in their homes, unions and civil rights groups had urged the justices to repeal the rule because it deprives many of the nation's lowest-paid workers of a decent wage. These employees tend to be women and minorities and often work all night, but they do not earn enough to rise above the poverty level, the advocates said.

They won a ruling from a U.S. appeals court in New York that said the exemption did not extend to those who are employed by a private company or another employer. But the Supreme Court rejected the bid, holding that businesses are not required to pay the federal minimum wage or overtime to employees who provide home care services for the elderly. "The court's ruling is another blow to struggling, low-wage women," said Nancy Duff Campbell, co-president of the National Women's Law Center.

"It means that home care workers, who are overwhelmingly low-income women of color, will continue to be unfairly treated despite providing essential services to our growing elderly and disabled population," Campbell said. "Employers in the home care industry should, like other businesses, be required to comply with modest, but vital, labor protections."

The suit had been brought on behalf of Evelyn Coke, a 73-year-old retiree, who was employed by Long Island Care at Home, a private company that provided home care aides for the elderly.

Lawyers for New York City said a ruling in Coke's favor would add $300 million a year to its cost of providing health care to the city's poorest residents.

For its part, the Supreme Court concluded that Congress intended to exempt from the minimum wage law those who provide "companionship services" at home, even if they work for a private employer.

Congress has revised the minimum wage law several times in recent decades, but left intact the exemption for these home care aides, the court said.

The impact of the ruling will also differ by state. Some states set their own minimum-wage law and do not exempt these home care aides. In California, state law requires a minimum wage of $7.50 per hour for home care workers, but they are not entitled to overtime rates.

david.savage@latimes.com
http://www.latimes.com/news/nationworld/nation/la-na-scotus12jun12,0,2947221.story?coll=la-home-center

[Amianthus]

"It means that home care workers, who are overwhelmingly low-income women of color, will continue to be unfairly treated despite providing essential services to our growing elderly and disabled population," Campbell said. "Employers in the home care industry should, like other businesses, be required to comply with modest, but vital, labor protections."

They are free to seek work elsewhere. If enough of them do so, market pressure will drive up the pay rate for the remaining workers.

[kimba1]

they wouldn`t be doing this job if they we`re able to work elsewhere.
but it does answer other questions
how quite afew abuse cases happen.
at that low apay business is cannot ask too many question about thier workers.
unless they don`t want to hire anyone.
my job tried to lower the pay but none of the applicants could pass the background check

[Amianthus]

they wouldn`t be doing this job if they we`re able to work elsewhere.

What a sad assumption to make.

[Lanya]

A few months ago, 3 women on my street did this kind of work.  It was more flexible than hospital or nursing home schedules allowed, and they could be home with their kids when they got out of school.
Now, none of them do that work.  Their kids are older, and they work where they can have benefits and overtime.   

[Amianthus]

Now, none of them do that work.  Their kids are older, and they work where they can have benefits and overtime.   

Isn't choice wonderful?

[kimba1]

I`m not sure this is the same job lanya
we`re talking jobs with serious pay limitations .

[Lanya]

Home health aides, no?    You go into someone's house, bathe them, make a meal, run an errand,  change a bed, etc.     

[kimba1]

The impact of the ruling will also differ by state. Some states set their own minimum-wage law and do not exempt these home care aides. In California, state law requires a minimum wage of $7.50 per hour for home care workers, but they are not entitled to overtime rates.

the home care workers i know make serious bucks
I know guards who moonlite in homecare
it`s hardwork if the client is particular
it can get abusive.

[Lanya]

That's one reason I've never done it.  I know some patients' families from the ER and I don't want to be alone with them in their homes, ever.  I've heard some pretty bad stories from people who do that work.  No thanks.

 But.... Why is a home health aide valued less than a hospital aide, for instance? 

[sirs]

But.... Why is a home health aide valued less than a hospital aide, for instance? 

It has nothing to do with "value" Lanya.  I've worked in home health, for many years, before my current stint in the Hospital.  I'm well versed in what Home Health Aides (HHA) do vs what Hospital aides do.  There is much more structure, much more responsiblity, and patients are generally much more fragile/involved in the hospital vs those at home.  There is more training and oversight provided the Hospital aide vs the Home health aide, again primarily due to the patient population.  Hospital aides are also frequently trained to monitor telemetry, and even take ECG recordings  Most of those at home are in chronic conditions, and the assistance provided by the aide, as wonderful as it is to the patient, isn't even close to the same care required for the patient in the hospital.

But as Ami has already pointed out as well, no one is forcing anyone to take the position of a HHA.  If enough folks opt out, market forces may rethink the tact, and upgrade the HHA's position to incl OT.  But trying to lay claim how HHA's are supposedly being "devalued" compared to Hospital aides fails to take into account the job requirements that you're trying to compare each to

[Xavier_Onassis]

They are free to seek work elsewhere. If enough of them do so, market pressure will drive up the pay rate for the remaining workers.

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Here in Miami, what market pressure does is attract thousands of illegal Central Americans and Dominicans to work six days a week on call24 hours per day, for $300 every two weeks. Meals and a cot are graciously provided, but not air conditioning.

Since they are here illegally, they can be fired with no fear of their complaining to anyone.

[sirs]

And..................?

[_JS]

They are free to seek work elsewhere. If enough of them do so, market pressure will drive up the pay rate for the remaining workers.

Or they could start doing a far poorer job, or form a professional association. Sometimes low pay leads to behavior expected of that pay rate.

[Xavier_Onassis]

Or they could start doing a far poorer job, or form a professional association. Sometimes low pay leads to behavior expected of that pay rate.

===================================================================
If they do a far poorer job, the elderly and disabled people they care for die.

You are dealing with maybe seven or eight nationalities of nearly illiterate women from cultures where women are routinely mistreated in every way. Most of these ALFs (Assisted Living Facilities) are located in large residential homes, and few have more than five or six workers. California has seen fit to grant them a minimum wage and a means for grievance. But Florida is extremely backward. The state legislature is ruled by a coalition of rural Republican redneck yahoos barely a generation away from wearing their bed linens on ceremonial occasions and the deposed Cuban "exiles". Imagine what you might get if you were to cross George Corley Wallace with Fulgencio Batista, and that is the grim and vile entity that dominates the Florida Legislature.

It is damn near impossible to form a union of any sort among professionals under what is left of the NLRB these days., There is zero chance that any unions will be formed.