Home health aide who challenged FLSA exemption dies — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Home health aide who challenged FLSA exemption dies

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Evelyn Coke, the Queens home health care aide who took her fight against U.S. Department of Labor overtime regulations all the way to the Supreme Court, has died at age 74.

For years, Coke cared for elderly patients in their homes for about $7 per hour. Despite working long hours, she never received overtime pay because DOL regulations exempted home health care workers from overtime law.

Coke sued, and her challenge reached the U.S. Supreme Court in 2007. The court unanimously ruled against her, noting that the law left the matter to the discretion of the DOL, which had consistently ruled against overtime for home health aides.

Earlier this year, more than 50 members of Congress asked Labor Secretary Hilda Solis to reverse the department’s stance and allow home health care aides to be paid overtime. The no-overtime-pay rule still stands.

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