US Supreme Court Decision: Long Island Care at Home, Ltd. v. Coke
Posted: Wednesday, June 13, 2007 |  Printer Friendly
In Coke, the issue before the Supreme Court was the enforcement of a section of the Fair Labor Standards Act dealing with domestic service employees. According to 29 USC 213(a)(15), the FLSA exempts from both minimum wage and overtime rules “any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves….” The Department of Labor is charged with writing regulations enacting and interpreting the FLSA, and in 29 CFR 552.109(a), their interpretation is that this exemption includes those workers who are “employed by an employer or agency other than the family or household using their services.” The Court had to determine if a companion who provided services for the elderly through a third party agency was exempt from the minimum wage and overtime requirements. Ms. Coke brought suit against her former employer for overtime and minimum wage violations under the State of New York and Federal laws. She argued that she was entitled to overtime and the minimum wage for her hours worked because of her employment through a third party agency. The Supreme Court agreed with the DOL’s interpretation of the regulation and found in favor of the agency.
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