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June 11, 2007
 Long Island Care at Home, LTD, vs. Coke
In April 2002, Evelyn Coke, a domestic worker who provides
'companionship services' to elderly men and women filed suit against
Long Island Care at Home, Ltd. Evelyn Coke was employed at Long
Island Care at Home, Ltd and claimed that the petitioners failed to
pay her the minimum wages and overtime wages she was entitled to
under the FLSA.
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 were covered by FLSA wage protections.
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