As FLSA turns 75, home care workers routinely denied overtime
More than 75 years after the Fair Labor Standards Act (FLSA) was signed into law, home care workers may still be denied full pay despite their time and attendance. On June 25, the 75th anniversary of the FLSA, these discrepancies were again brought to light.
When President Franklin D. Roosevelt signed the bill into law, domestic workers were not covered, meaning they could be denied minimum wage and overtime payments. When the FLSA was revamped in 1974, domestic workers were granted coverage, but a caveat was included for individuals who provide "care and fellowship" to elderly and disabled individuals.
This loophole has been applied widely, and many home workers who care for their patients more than 40 hours per week are routinely denied overtime pay. Nearly 2.5 million people are employed as home care workers, and the occupation is expected to grow by 70 percent by 2020 as Baby Boomers retire.
Although some states have changed their laws and now provide overtime payments and other protections to these employees, 28 states still have no extra provisions for home care workers.
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