[Congressional Record (Bound Edition), Volume 156 (2010), Part 9]
[Extensions of Remarks]
[Page 13337]
[From the U.S. Government Publishing Office, www.gpo.gov]




REMARKS ON THE ONE-YEAR ANNIVERSARY OF THE PASSING OF MS. EVELYN COKE, 
                  A CHAMPION FOR FAIR LABOR STANDARDS

                                 ______
                                 

                         HON. LINDA T. SANCHEZ

                             of california

                    in the house of representatives

                         Monday, July 19, 2010

  Ms. LINDA T. SANCHEZ of California. Madam Speaker, ``I worked for 20 
years taking care of people--making sure they had a warm bath or a hot 
meal--so they could have a decent life at home. Isn't that work 
important? By the wages, you wouldn't think we do an important job, but 
home care workers help people stay at home, close to their families. In 
some cases, we are their family.''
  So said Evelyn Coke, an American heroine who passed away one year 
ago, on July 9, 2009.
  The fact that she died a champion for humanity is not surprising; 
those who knew Ms. Coke witnessed her strength and compassion for the 
men and women she cared for. As a home care worker, Ms. Coke struggled 
for more than 20 years to make ends meet, often working 70 hours a week 
for a mere seven dollars an hour. Despite her dedication, she was 
denied full compensation, including time-and-a-half for overtime.
  Ms. Coke was among the more than two million workers, including many 
new Americans like her, who assist elders and people living with 
disabilities with activities of daily living such as getting in and out 
of bed, dressing and undressing, cooking and eating, toileting and 
bathing. Without people like Ms. Coke, many of our family members and 
friends would be unable to enjoy the autonomy and quality of life that 
we all hold dear.
  Sadly, this essential workforce is excluded from the basic 
protections of the Fair Labor Standards Act. These poor working 
conditions hinder recruitment and retention which, in turn, negatively 
affect the quality of care that millions of Americans receive. Ms. Coke 
saw that in order to protect her family and the people she cared for, 
she had to stand up for change.
  Driven by her belief that home care workers deserve the basic labor 
protections enjoyed by most American workers, Ms. Coke sued her 
employer for back wages. Unfortunately, in 2007, the Supreme Court 
denied her any compensation when it overturned the lower court's 
ruling. The Supreme Court held the Department of Labor's interpretation 
of ``companionship'' was reasonable and affirmed the exclusion of home 
care workers from minimum wage and overtime protections.
  The Supreme Court also ruled that the Secretary of Labor had broad 
policy-making authority over the scope of ``companionship'' and could 
change its interpretation at any time. Given the anniversary that 
recently passed, I want to take this opportunity to stand up for 
workers and say: It is long past time to make that change.
  There are several reasons why we must extend wage and overtime 
protections to home care workers: to help rebuild our vanishing middle 
class; to protect home care workers from exploitation; and, most 
importantly, to ensure that elders and individuals living with 
disabilities receive the highest quality of care.
  Home care is one of the fastest growing workforces in our country, 
and we cannot afford to ignore the injustice facing these workers any 
longer. Last year, I led an effort, together with thirty-six of my 
congressional colleagues, to send a letter to U.S. Secretary of Labor 
Hilda Solis, urging her to make this issue a top priority for the 
Department.
  In honor of the anniversary of Ms. Coke's passing, I make that 
request again.
  Though Ms. Coke is no longer with us, we can still make things right 
for the millions of other workers like her. Please join me in this 
effort to make fair labor standards a reality for all Americans, 
including home care workers. It's the only way that we truly honor the 
legacy of Evelyn Coke.

                          ____________________