Considering that the Supreme Court ruled that home care workers are not entitled to overtime pay, what protections, if any, will the courts provide them as employers continue to demand overtime hours?
The Supreme Court decision upheld a 1975 U.S. Labor Department regulation exempting home health care workers from the protections of the Fair Labor Standards Act.
"Justice Stephen Brayer wrote that the agency did not exceed its authority when it left home care workers without overtime protection and that “courts should defer to the department’s rule.”
The overtime case was filed on behalf of Evelyn Coke, a 73 year old retired home health aid with over 20 years experience in the field. Now in failing health, she alleges that her former employer failed to pay her time and a half for all of the extra hours she spent caring for the elderly and ill
The National Women's Law Center charges that the Supreme Court ruling will have dire consequences on struggling, low income women.
Corporate advocates state that paying overtime to care workers would create tremendous and unsustainable losses to the home health care industry.
However, the financial losses may pale in comparison to a loss in personnel as home care workers leave en masse to find employment which pays better including overtime.
