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Supreme Court Rules No Overtime - 6/12/2007 10:24:53 AM

Nosathro

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Associated Press

The US Supreme Court (the is the same court that ruled goverment can take your home and give it to a private developer to build a shopping mall on) as ruled that a 1975 Deptartment of Labor Law exempting Home Care Workers from being paid overtime. This was a unanimous decision by the Supreme Court and lower courts ruled the 1975 Labor Law against it sighting the Fair Labor Standards Act. The Home care industry which provides care to home bound elderly and ill has been critized for having untrained people and large turn over. What this means is a person working in the Home care field can be worked 24/7 without break or meals and be only paid minium wage for every hour. The reason for the Supreme Court ruling, it would cost the home care industry billions.

Good news the Supreme ruled that Companies that dump harzardous waste in the enviroment can sue to recover the cost of clean up.

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RE: Supreme Court Rules No Overtime - 6/12/2007 10:39:08 AM

Real0ne

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thanks for the info!

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RE: Supreme Court Rules No Overtime - 6/12/2007 11:41:29 AM

LadyEllen

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Why is it these sorts of things dont amaze me, even though they should?

Here's a good one from the UK from a few years back. As you may have heard, we locked up dozens of Irish guys for terrorism and so on in the 70s, some of whom were released in more recent years after appeals showed them to be not guilty. After twenty odd years in prison for crimes they hadnt committed, it was fairly reasonable all in all to provide compensation to these guys - nothing really can compensate, but they received sizeable payouts for it all.

Anyway, our lot then take a new case to court against them - to claim from them, would you believe, the cost of their bed and board in prison! And guess what? They ended up having to pay!

E

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RE: Supreme Court Rules No Overtime - 6/12/2007 12:33:01 PM

selfbnd411

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The Court's ruling was unanimous--9-0. The reason wasn't because it's too expensive. The reason was because Congress exempted these workers from the minimum wage. I think they should be covered, but I can't see how anyone can blame the court. Blame those who were in Congress in 1974, blame those in Congress who won't vote in favor of a bill amending the FLSA to cover home care workers, and blame the President if he won't sign the bill if passed.

"The Supreme Court's opinion in Coke v. Long Island Care at Home avoids the broad issue of fair wages for home-care workers. Instead, it focuses narrowly on whether the Labor Department's regulations are a reasonable interpretation of what Congress intended. In 1974, Congress expanded the reach of the minimum wage law, but said again those in "domestic service employment" were not covered."

http://www.baltimoresun.com/business/bal-bz.court12jun12,0,3435526.story?coll=bal-business-headlines

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RE: Supreme Court Rules No Overtime - 6/12/2007 3:46:40 PM

Alumbrado

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Congress has the right to make laws... nothing says they have to be fair and perfect laws.

The USSC isn't responsible for fixing things when the citizens elect bozos and those bozos do a crappy job, unless and until that crappy job crosses certain Consitutional lines.

In both this case, and the Kelo eminent domain ruling, the Court correctly laid the responsibility at the feet of the voters and those they elected.

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RE: Supreme Court Rules No Overtime - 6/12/2007 7:42:16 PM

juliaoceania

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The SC decision sucks. I can only say that there are already shortages of such workers in this country, and now our elderly will have even further trouble finding people to help them live more independent lives. It is very hard to find dependable people as it is in this industry....

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RE: Supreme Court Rules No Overtime - 6/12/2007 7:52:52 PM

Lordandmaster

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CERTAIN Constitutional lines? What does "certain" mean? So you're saying Congress could pass laws that cross certain OTHER Constitutional lines, and the Supreme Court wouldn't be empowered to throw out their legislation?

Anyway, unfortunately, it's about time people stopped looking to the Supreme Court to make the world a better place, and started electing more responsible politicians instead. We seem to think it's OK to elect whatever jackass we recognize from TV, and expect the Supreme Court to rescue us from the consequences.

quote:

ORIGINAL: Alumbrado

Congress has the right to make laws... nothing says they have to be fair and perfect laws.

The USSC isn't responsible for fixing things when the citizens elect bozos and those bozos do a crappy job, unless and until that crappy job crosses certain Consitutional lines.

< Message edited by Lordandmaster -- 6/12/2007 7:53:45 PM >

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RE: Supreme Court Rules No Overtime - 6/12/2007 8:03:55 PM

popeye1250

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Wow, they're not even covered under minimum wage laws?
If there was *ever* a good case for Unionizing workers this is it!
They should be making a good week's pay too for doing that kind of work!
What does Sinergy say, "Alone we grovel together we bargain?"

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RE: Supreme Court Rules No Overtime - 6/12/2007 11:44:09 PM

Vendaval

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Thank you for posting this, Nos. It is all about the money and slave wages.
No surprises about the poor quality and high turn-over in an industry that does not even pay minimum wage.

What kind of care will our increasing elderly population receive?
Are these Home Health Care companies doing background checks
on their workers?

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RE: Supreme Court Rules No Overtime - 6/13/2007 7:59:20 AM

BeingChewsie

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quote:

ORIGINAL: popeye1250

Wow, they're not even covered under minimum wage laws?
If there was *ever* a good case for Unionizing workers this is it!
They should be making a good week's pay too for doing that kind of work!
What does Sinergy say, "Alone we grovel together we bargain?"

United we stand, divided we beg.

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RE: Supreme Court Rules No Overtime - 6/13/2007 9:22:21 AM

Nosathro

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Thank you Vendaval it is one of the reasons I am leaving Social Services. Alambrado, our government has three branches in which there are checks and balance..if the Congress passes a law the Supreme Court can rule the law unconstitutional. In this case lower courts ruled the 1975 law uncontitutional, however it appears the Supreme Court sides with the Powers that Be.

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RE: Supreme Court Rules No Overtime - 6/13/2007 9:29:02 AM

Alumbrado

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In other words, this law was not unconstitutional, in the only opinion that matters.

As in Kelo, people would rather put up with a law they don't like than get rid of it, and blaming the USSC for not doing the voter's jobs, is I suppose, some sort of comfort.

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