Sometimes we learn about a fantastic person after his or her death and wish that we could've known that person while he or she was still alive. When an ordinary American makes a massive impact on society with a call for fairness and equality that makes it all the way to the Supreme Court, that person and their cause must be carried on. Their fight becomes our dream for change.
Evelyn Coke, who was a homecare worker, died one year ago this month. She was a woman who worked hard all her life and yet was left with very little at the end of it. She decided to take on a federal labor regulation that had denied her and millions of other homecare workers the same protections that most private and public workers enjoy. I believe that if Ms. Coke were alive today, she'd reach out as far and wide to her fellow caregivers, seniors and those with disabilities to address the root cause of this injustice: an outdated Department of Labor regulation that denies homecare workers the basic minimum wage and overtime protections that the federal Fair Labor Standards Act (FLSA) gives to almost all other workers, in effect equating them to babysitters.
Like many homecare workers, Ms. Coke worked long hours for very little pay. She cared for her clients for more than 70 hours a week at a job that she was not only great at but also loved. Her devotion to her work and patients often yielded less than the federal minimum wage and overtime pay. In 2002 when she had to stop working after an auto accident, the federal minimum wage was $5.15. After filing a suit against the agency she worked for, the case went all the way to the Supreme Court. She fought to the end, but lost.
Think about working three 24-hour shifts in a row and not even getting the basic minimum wage with overtime. A report by PHI, an organization that represents caregivers, says
In 2007, the U.S. Supreme Court ruled that the U.S. Department of Labor regulations excluding home care workers from the labor protections provided by the Fair Labor Standards Act were valid and binding. That is, the Labor Department could continue to treat home care workers as informal "companions" - that is to say, babysitters!
Ms. Coke was a resident of Queens, NY and worked for an East Meadow-based home-care agency. She was among 2 million other workers who are in homes with the elderly and people with disabilities. Homecare workers assist with dressing, undressing, cooking and eating, toileting and bathing, among a whole host of other responsibilities.
A few weeks ago I shared my own family's story with a homecare worker and the difference it made in our lives. You can read that here for some more back-story.
In that entry I put out some very simple online asks and I want to post those again with the hope that this will reach even more people who want to see fairness and equality for all workers, people who can raise their voices to carry on Ms. Coke's dream and see it come true.
On Facebook, become a fan of the Department of Labor's Facebook page and post this message:
Secretary Solis, homecare workers deserve minimum wage and overtime protection. It's time to change the companionship exemption regulations: http://bit.ly/a5pF1e
On Twitter, copy, paste, and tweet this message:
@HildaSolisDOL, it's time to end the exclusion of home care workers from minimum wage and overtime exemption: http://bit.ly/a5pF1e
On Facebook, become a fan of this campaign's page: Homecare Workers Deserve Minimum Wage Protection.
After you become a fan, please suggest our page to all your friends.
Homecare workers deserve minimum wage and overtime protection. Together, we can make this happen.
