Supreme Court Case Relating To Fees
For years, home care work has been selectively classified as a “companionship service” and exempted from federal overtime and minimum wage rules under the Fair Labor Standards Act (FLSA). The Supreme Court considered arguments on the companionship exemption, which stems from a case brought by a home care worker represented by counsel provided by SEIU. The original 2003 case, Evelyn Coke v. Long Island Care at Home, Ltd. and Maryann Osborne, argues that agency-employed home caregivers should be covered under overtime and minimum wage regulations.
Evelyn Coke, a home care worker employed by a home care agency that was not paying her overtime, sued the agency in 2003, alleging that the regulation construing the “companionship services” exemption to apply to agency employees and exempt them from the federal minimum wage and overtime law is inconsistent with the law. The Supreme Court heard the case in 2009.
In the court decision, the court stated the Fair Labor Standards Amendments of 1974 exempted from the minimum wage and maximum hours rules of the FSLA persons "employed in domestic service employment to provide companionship services for individuals ... unable to care for themselves." 29 U. S. C. §213(a)(15). The court found that the DOL's power to administer a congressionally created program necessarily requires the making of rules to fill any 'gap' left, implicitly or explicitly, by Congress, and when that agency fills that gap reasonably, it is binding. In this case, one of the gaps was whether to include workers paid by third parties in the exemption and the DOL has done that. Since the DOL has followed public notice procedure, and since there was gap left in the legislation, the DOL's regulation stands and home health care workers are not covered by either minimum wage or overtime pay requirements.
Read more about this topic: Home Care, United States, Compensation
Famous quotes containing the words supreme court, supreme, court, case and/or relating:
“The Supreme Court would have pleased me more if they had concerned themselves about enforcing the compulsory education provisions for Negroes in the South as is done for white children. The next ten years would be better spent in appointing truant officers and looking after conditions in the homes from which the children come. Use to the limit what we already have.”
—Zora Neale Hurston (1891–1960)
“I think that cars today are almost the exact equivalent of the great Gothic cathedrals: I mean the supreme creation of an era, conceived with passion by unknown artists, and consumed in image if not in usage by a whole population which appropriates them as a purely magical object.”
—Roland Barthes (1915–1980)
“I know one husband and wife who, whatever the official reasons given to the court for the break up of their marriage, were really divorced because the husband believed that nobody ought to read while he was talking and the wife that nobody ought to talk while she was reading.”
—Vera Brittain (1893–1970)
“Reminiscences, even extensive ones, do not always amount to an autobiography.... For autobiography has to do with time, with sequence and what makes up the continuous flow of life. Here, I am talking of a space, of moments and discontinuities. For even if months and years appear here, it is in the form they have in the moment of recollection. This strange form—it may be called fleeting or eternal—is in neither case the stuff that life is made of.”
—Walter Benjamin (1892–1940)
“The middle years are ones in which children increasingly face conflicts on their own,... One of the truths to be faced by parents during this period is that they cannot do the work of living and relating for their children. They can be sounding boards and they can probe with the children the consequences of alternative actions.”
—Dorothy H. Cohen (20th century)