[Congressional Record Volume 153, Number 139 (Wednesday, September 19, 2007)]
[Extensions of Remarks]
[Page E1921]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                ON THE FAIR HOME HEALTH CARE ACT OF 2007

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                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                     Wednesday, September 19, 2007

  Ms. WOOLSEY. Madam Speaker, on June 11 of this year, the Supreme 
Court decided the case of Long Island Care at Home Ltd. v. Coke. It 
held that home health care workers employed by third-party agencies are 
not eligible for the overtime and minimum wage protections provided 
under the Fair Labor Standards Act (FLSA). At issue in the Coke case 
was a narrow exemption to the FLSA created in 1974 for ``companionship 
services'' for babysitters and caretakers for seniors and the disabled.
  In 1974, when the exemption was enacted, homecare, like babysitting, 
was largely provided by family and friends. 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.
  When Congress created this exemption, it never intended to exclude 
those workers who were ``regular breadwinners,'' and there is 
substantial evidence that the exemption was directed to only ``casual 
basis'' workers.
  The ``Fair Home Health Care Act is a narrow bill clarifying that home 
health care workers are entitled to labor protections under the FLSA so 
long as they are not employed on a ``casual basis.''
  These workers provide valuable services to our Nation's older 
Americans and people with disabilities and help them maintain their 
independence. Currently, 1.3 million Americans require long-term 
assistance in their home, and this need is expected to double as baby 
boomers age. Providing workers with FLSA wage protections will not only 
provide them with a living wage but will help attract workers to this 
rapidly growing occupation.

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