LONG ISLAND CARE AT HOME, LTD. V. COKE
551 U.S. 158 (2007)
NATURE OF THE CASE: Coke (P) a “companionship services” provider to the elderly and
infirm, sued her former employer Long Island Care and its owner (D), seeking minimum and
overtime wages they allegedly owed her. The District Court dismissed the suit, finding the
third-party DOL regulation valid and controlling. The Second Circuit found the regulation
unenforceable and set the judgment aside.
FACTS: A provision of the Fair Labor Standards Act exempts from the statute’s minimum
wage and maximum hours 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 (as such terms are defined and delimited by regulations of the
Secretary [of Labor]).” 29 U. S. C. §213(a)(15). A Department of Labor regulation says that
this statutory exemption includes those “companionship” workers who “are employed by an
employer or agency other than the family or household using their services.” 29 CFR
§552.109(a) (2006). P, a domestic worker who provides “companionship services” to elderly
and infirm men and women, brought this lawsuit against her former employer, D. P alleged
that Ds failed to pay her the minimum wages and overtime wages to which she was entitled
under the FLSA and a New York statute, and she sought a judgment for those unpaid wages. The
District Court found DOL’s third-party regulation valid and controlling, and it consequently
dismissed P’s lawsuit. The Second Circuit found the Department’s third-party regulation
“unenforceable” and set aside the District Court’s judgment. D's sought certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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