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COKE v. LONG ISLAND CARE AT HOME, LTD.

No. 03-7666.

376 F.3d 118 (2004)

Evelyn COKE, Plaintiff-Appellant, v. LONG ISLAND CARE AT HOME, LTD., and Maryann Osborne, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 22, 2004.

Attorney(s) appearing for the Case

Harold Craig Becker, Service Employees International Union, AFL-CIO, Chicago, IL (Michael Shen, Constantine P. Kokkoris, New York, NY, on the brief), for Plaintiff-Appellant.

Arnold S. Klein, Meltzer, Lippe & Goldstein, LLP, Mineola, N.Y. (on submission), for Defendants-Appellees.

Ford Newman, Senior Attorney, United States Department of Labor (Howard M. Radzely, Acting Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Paul L. Frieden, Counsel for Appellate Litigation, on the brief), Washington, D.C., for Amicus Curiae United States Secretary of Labor.

Before: WALKER, Chief Judge, KATZMANN, Circuit Judge, and GLEESON, District Judge.

JOHN M. WALKER, JR., Chief Judge:

At issue in this appeal is the enforceability of two regulations promulgated by the Department of Labor ("DOL") that define and interpret the "companionship services" exemption in the Fair Labor Standards Act ("FLSA" or "the Act"), 29 U.S.C. § 213(a)(15). The Act generally requires minimum wage and overtime compensation; the "companionship services" exemption relieves employers from paying such compensation to those employees...

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