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  • Evelyn Coke: Get to know her

    Posted by Kim on March 26th, 2007 / Print This Post



    All people who are concerned about the status of Labor Laws, regarding home health aides, should be aware of this story.

    Evelyn Coke sat in her wood-frame home in Corona, Queens, a hobbled figure, not realizing that this is supposed to be her moment in the spotlight.

    For 20 years, she had cared for clients in their homes, bathing them, cooking for them, helping them dress and take their medications. But now, suffering from kidney failure, she is too ill to work.

    Her mind and memory are not what they once were, she acknowledges, and as a result she is hazy about the important events that will take place on April 16. On that day, the Supreme Court of the United States is scheduled to hear oral arguments in a case in which Ms. Coke, a 73-year-old immigrant from Jamaica, is the sole plaintiff.

    She is challenging Labor Department regulations that say home care attendants, who number 1.4 million, are not covered by federal minimum-wage and overtime laws.

    “I loved my work, but the money was not good at all,” Ms. Coke said in a whispering voice, noting that she often worked three or four 24-hour days a week, sleeping at a client’s home, while hardly ever receiving time-and-a-half pay for overtime.

    The stakes in her case are considerable, not least because home care attendant is one of the nation’s fastest growing occupations. There are expected to be nearly two million aides by 2014, as the elderly population grows and government pushes for the elderly to be cared for at home rather than in nursing homes, where costs are high.

    This is specific to NY State, but the ramifications could become a national problem.

    The federal government and the Bloomberg administration have lined up against her, arguing that a victory for Ms. Coke could greatly increase Medicare and Medicaid costs, perhaps causing a budget shortfall that could leave many of the elderly without home-care aides.

    In a friend-of-the-court brief, the Bloomberg administration, joined by the New York State Association of Counties, argued, “In the worst cases, some clients, especially those with high hour needs, might no longer be able to be serviced in their homes and might have to be institutionalized.”

    The Bloomberg administration said a victory for Ms. Coke could force the city, state and federal governments, which all finance home care through Medicaid, to pay $250 million more a year to the 60,000 home attendants who work in the city.

    Home health aides, in all states should get paid for overtime; I wasn’t aware that in NY they are not; in fact, some don’t even qualify for mininum wage. We will stay on top of this case as it goes to court. Let’s all hope for a postive outcome.

    2 Responses to “Evelyn Coke: Get to know her”

    1. David Says:

      I love the blog that you have. I was wondering if you would link my blog to yours and in return I would do the same for your blog. If you want to, my site name is American Legends and the URL is:

      http://www.americanlegends.info

      If you want to do this just go to my blog and in one of the comments just write your blog name and the URL and I will add it to my site.

      Thanks,
      David

    2. Cheryl Says:

      I’ll get to this in awhile. It doesn’t sound to fair from what I get so far.