Three Years After Supreme Court Coke Decision

from PHI Blog

June 11 is the third anniversary of the U.S. Supreme Court case Evelyn Coke vs. Long Island Care at Home, in which the Court ruled that the U.S. Department of Labor could continue to exclude home care aides from the federal Fair Labor Standards Act's wage and hour protections.

Ms. Coke spent years assisting elders and people with disabilities, often working overtime without any additional pay beyond her $7 per hour wage. Her effort to sue for back wages failed, but at the same time, brought increased attention to the injustice of treating professional caregivers as "companions to the elderly and disabled."

In its decision, the Supreme Court made it clear that the Department of Labor has the authority to end the companionship exemption and ensure fair treatment for home care workers.

The PHI Fair Wage Campaign
PHI, along with allies including the Direct Care Alliance, the National Employment Law Project, and SEIU, launched a campaign in March to end the exclusion of home care workers from minimum wage and overtime protections.

Since June 11, 2007, home care workers have served their clients an additional 1095 days, often receiving substandard wages and no benefits.

As a result of the campaign and increased media attention, the U.S. Department of Labor (DOL) has announced plans to review the "companion exemption." A proposed rule is likely to be issued for comment by October 2011.

-by Karen Kahn