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Resolutions & Amendments

38th International Convention - San Francisco, CA (2008)

Overtime and Minimum Wage Protection for Home Health Care Workers

Resolution No. 66
38th International Convention
Moscone West
July 28 - August 1, 2008
San Francisco, CA

Home care workers provide a critical service that maintains the hope, dignity and independence of Americans who are elderly or living with disabilities; and

The Fair Labor Standards Act (FLSA) was established to protect workers against working conditions, namely low wages and long hours, detrimental to maintaining a minimum standard of living necessary for health, efficiency and general well-being; and

The June 2007 U. S. Supreme Court ruling in Long Island Care at Home, Ltd. v. Evelyn Coke, that  home care providers employed by a home care agency are not protected by the fundamental overtime and minimum wage provisions of FLSA, is wrong, unfair and unacceptable; and

The challenging and demanding work performed by home care workers should be respected and valued, but wages for home care workers are often low and they receive few benefits, keeping many home care workers and their families near poverty; and

Low wages, long hours and meager benefits drive workers out of these important jobs at a time when the need for home care workers is expected to dramatically increase to meet the needs of our nation’s elders and individuals with disabilities; and

Improving the wages and benefits of home care workers has been shown to improve the lives of workers and their families, to substantially reduce turnover and to improve clients’ access to reliable and quality services and enable them to remain independent and in their homes.

That AFSCME continue to fight to change current law to ensure that home care workers are not denied overtime and minimum wage protections under the Fair Labor Standards Act.


SUBMITTED BY: Dale Chase, President and Delegate
Dorothy Bryant, Secretary and Delegate
AFSCME Council 67

Elizabeth Studdivant, President and Delegate
Jeannette Pringle, Secretary and Delegate
AFSCME Local 389, Council 1707
New York