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April 2007
 Long Island Care at Home, Ltd., & Maryann Osborne v. Evelyn Coke
The case was filed by a woman who had worked as a home health aide
until she was injured in an accident. As her attorney sought to
determine her lost wages, the wage, lack of overtime, lack of travel
pay, and lack of benefits came to light. The woman's attorney helped
her bring a test case challenging the federal FLSA exemption for
home caregivers.
The case argues that agency-employed home caregivers should be
covered by overtime and minimum wage regulations. The ruling will
affect caregiver agencies nationwide.
The Courts decision will rest on determining Congress intent when
it exempted home health aides from the federal minimum wage
standards in the Fair Labor Standards Act (FLSA) of 1974. The FLSA
as amended in 1974 provided minimum wage and overtime pay guidelines
to household workers such as maids and cooks, but exempted coverage
for babysitters and companions for the elderly or disabled. Prior
to 1974, home caregivers had FLSA wage protection.
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