This month, we join direct care workers and their allies across the country in remembering Evelyn Coke, the heroic woman who has inspired the Direct Care Alliance’s advocacy efforts on behalf of direct care workers struggling to make ends meet and support themselves and their families.
Artist rendering of Long Island Care at Home, Ltd. v. Evelyn Coke, Supreme Court. Courtesy of Art Lien.
Evelyn Coke – a courageous Jamaican immigrant from Queens – passed away a year ago at the age of 74. For over twenty years she provided care to dozens of people and assisted them with tasks like getting in and out of bed, dressing and undressing, cooking and eating, toileting and bathing. At times, Evelyn worked three consecutive 24-hour periods, providing essential care to the elderly but receiving a mere $7 an hour – with no health benefits or overtime pay. Her situation is emblematic of the plight of home care workers. But her passion and drive to gain respect, dignity, and fair pay and benefits lives on in the Direct Care Alliance and in the direct care workers who are making their voices heard in the fight for change.
Evelyn Coke
Evelyn Coke filed suit to overturn the federal regulations that exclude home care workers from basic labor protections. Her case made it all the way to the Supreme Court, which denied her claim and ruled that the regulations excluding more than two million health care workers from basic labor protections was a reasonable interpretation of Congressional intent and that the legislation granted the Secretary of Labor authority to develop and implement regulations under the Federal Labor Standards Act.
In response to the Supreme Court’s 2007 decision denying Evelyn Coke’s request, DCA launched the Respect for Home Care Campaign. See our timeline of progress on our top legislative priority:
- 2007: In response to Coke ruling, Direct Care Alliance passes resolution to help win FLSA coverage for home care workers.
- 2008: DCA calls on President-elect Obama (pdf) to improve wages for direct care workers, including FLSA protections.
- 2009: DCA calls on U.S. Secretary of Labor Hilda Solis (pdf) to extend FLSA protections to home care workers.
- 2009: DCA works with members of Congress to submit letter asking Secretary Solis to overturn worker exemption from FLSA.
- 2009: 15 U.S. Senators agree, submitting a companion letter to Secretary Solis. One day later, Secretary Solis reports that DOL is looking into whether the exemption should be overturned.
- 2009: DCA and direct care workers visit DOL to urge them to extend FLSA protections to home care workers.
- 2010: DCA and PHI launch the Campaign for Fair Pay, urging DOL to extend FLSA protections.
- 2010: DOL adds FLSA fix to regulatory agenda; DCA submits letter of support.
We have also been working on federal legislation that would extend these basic labor protections to home care workers and are expecting its introduction in the next few weeks. Thanks to all of you who have been a part of our efforts over the years and a special thanks to our allies at PHI, NELP, SEIU and AFSCME. On the anniversary of Evelyn Coke’s passing, please remember Evelyn Coke’s fight and honor her dream by joining us in our efforts. Let’s work together to end this injustice.
Ms. Coke is a true inspiration. Because she lived an injustice, she was willing to make her voice heard. The injustice is that home care workers are not guaranteed the same rights as other workforces of at least a minimum wage and paid overtime. In memory of Evelyn Coke, join the DCA’s fight to change the Fair Labor Standards Act. We home care workers are much, much more than companions.
Minimum wage and paid overtime is a right for so many in the workforce. Why does our current health care system deny those rights to the workers who provide the vast majority of the home health care services? Everyone needs to push their congresspeople to address this now! Thanks to DCA for keeping up the pressure!
Evelyn Coke: Lack of living wages, benefits, and respect:
I was sitting here trying to think of some unique approach to help people understand how much more direct care/support persons are than ‘companions’, it has been explained so eloquently by so many direct care workers, and what it comes down to for me and my unique approach to communication is that NOT providing a living wage and benefits, including paid overtime to direct care workers is like America looking every person who needs the support of a Direct Care Worker right in the eye and saying you are not worth anything! Again, in my opinion it is like America slapping every Direct Care Worker who is providing support for people to live independently, with the best quality of life possible, in the face after telling them they are not worth anything either.
I admire the work that you as home care workers do. With an aging mother and getting older myself, it is because of you that we are able to live our later years with dignity. God bless you all.
I will do what’s needed to ensure you receive the credit and compensation you deserve.
This picture (drawing) serves to emphasize the ways in which we de-certify and minimize the most crucial features of care giving in the United States. As a southerner, it makes we want to say with the civil rights tradition: “How long, oh Lord, how long?” We as a people should be ashamed of ourselves.
As a CAN I worked as a direct care provider for a. Personal care cottage, 2 caregivers caring for 8 patients,214hrs shifts, we were paid a flat rate of $80/day, we had to sleep on the floor with a mattress or on the sofa where the residents sit on during the day. This tpye of work was abusive to the caregiver, we need laws to protect the caregiver from this type of work siuation.
Evelyn Coke was truly a hero, someone with the vision to see that the status quo was not just and the courage to stand up against it. And even though she wasn’t able to win Round One, she’s an inspiration to the other direct care workers, and the groups like the DCA, that are taking up this good fight in her name.
I beleive that our strength is integrated in our banding together as we have been doing to better the quality of life for consumers and direct care workers alike. I feel that evelyn’s spirit is strong with us to continue the fight. As I look around at the work being done by the Direct Care Alliance, I can see the light at the end of the tunnel and Evelyn is waitng there for us all.
What a heroine Evelyn Coke was for caregivers. She demostrates those qualities that so many direct care workers in New Mexico also have: dedication, commitment to quality care and a VOICE so important for improving policy for those in the field.
Hats off to Evelyn and for standing for what is right and true. She has forged a path. Let us not fail her efforts, for if we do, we fail those who follow in her steed.