Panken Quoted On Move In Congress To Allow Home Health Care Aides Overtime Pay

El Paso Times

Peter Panken, a Member of the Firm in the Labor and Employment practice in the New York office, was quoted in an article in the El Paso Times on a move in Congress to revise the Fair Labor Standards Act (FLSA) to allow home health care aides to receive overtime pay.

The article, "A Change In Labor Pay Standards May Put Care Out Of Reach For Some," stated that if the FLSA were amended, home health care aides may be able to receive overtime pay for the first time, but as a result, seniors may not be able to afford them.

In 2007, the Supreme Court, in Long Island Care at Home Ltd. v. Coke, rejected the overtime claims of a home health aide worker, Evelyn Coke, against her employer, Long Island Care at Home. It would take a change in law passed by Congress for home health-care aides to qualify for overtime pay, or a change in Department of Labor regulations.

Panken, a board member of Fedcap, a New York City nonprofit that provides home health aide services, said: "If this ruling is reversed, the effect of this will be twofold: One, it will force a number of people into nursing homes because they can't afford the services. The second thing it will do is it will raise the cost of Medicaid costs to the states."