Yesterday a very brave woman named Evelyn Coke passed away at the age of 74. She was a personal hero of mine. From financially meager circumstances, her conviction led her to fight a battle that reached the The Supreme Court. She fought to extend pay protections, assuring minimum wages and overtime, to home healthcare workers who are overwhelmingly low-income, female and minority.

The 1938 Fair Labor Standards Act required employers to pay minimum wage and overtime for working more than 40 hours a week. In amending the law in 1974 to extend protection to domestic employees like maids and cooks, Congress specifically excluded baby sitters and “companions” for the old and infirm. They were exempted because many were thought to be friends, relatives and neighbors. The law did not mention aides employed by third parties.

Her obituary (link below) is well worth reading. Evelyn Coke’s story is alternately inspiring, heartbreaking, outrageous and maddening. The court unanimously rejected her claims, saying Congress gave the Labor Department explicit authority to include home care workers in minimum wage and overtime protection and the agency had chosen to exclude them.

Rest in peace Evelyn Coke.

Below is a cartoon I did when President Bush & Mayor Bloomberg opposed the lawsuit
(click to enlarge)