Lawmakers want legislative override of Supreme Court wage decision for home health workers

group of Democratic senators on Thursday urged the Labor Departmentto reverse a Bush administration policy by extending federal wage andhour laws to home health care workers.

Most domestic workers arecovered by laws governing minimum wage and overtime pay, but homeworkers that care for the elderly and disabled have long beenconsidered exempt.

The 15 lawmakers — led by Iowa Sen. Tom Harkin— say the growing number of full-time home care workers serving anaging population deserve the same workplace rights as other employees.

“Homecare, increasingly, has become not casual work performed by a friend orfamily member, but a full-time regular type of employment,” thelawmakers said.

When Congress amended the Fair Labor StandardsAct in 1974 to cover household workers, it exempted baby sitters andcompanions for the ill or elderly.

Two years ago, the SupremeCourt upheld the Labor Department’s interpretation of the law toexclude home care workers. The lawmakers say that decision also givesthe agency — under a new administration — the right to change thatinterpretation.

At her confirmation hearing earlier this year,Labor Secretary Hilda Solis indicated a willingness to consider rulesthat would expand the law to all home care workers. But the agency hasnot yet issued any notice of proposed rules on the issue.

Thelawmakers argue that today’s professional caretakers are not the sameas neighborhood friends and baby sitters who may provide informal childor elderly care from time to time. The number of full-time home careworkers has surged with the growing number of retirees and more peopleare deciding to have long-term care in their homes instead ofinstitutions.

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