Long Island Care at Home, Ltd. v. Coke

168 L. Ed. 2d 54, 20 Fla. L. Weekly Fed. S 329, 127 S. Ct. 2339, 551 U.S. 158, 154 Lab. L. Rep. (CCH) 35298, 2007 U.S. LEXIS 7717, 12 Wage & Hour Cas.2d (BNA) 1089, 75 U.S.L.W. 4416
CourtSupreme Court of the United States
DecidedJune 11, 2007
Docket06-593
StatusPublished
Cited by336 cases

This text of 168 L. Ed. 2d 54 (Long Island Care at Home, Ltd. v. Coke) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Long Island Care at Home, Ltd. v. Coke, 168 L. Ed. 2d 54, 20 Fla. L. Weekly Fed. S 329, 127 S. Ct. 2339, 551 U.S. 158, 154 Lab. L. Rep. (CCH) 35298, 2007 U.S. LEXIS 7717, 12 Wage & Hour Cas.2d (BNA) 1089, 75 U.S.L.W. 4416 (U.S. 2007).

Opinion

Justice Breyer

delivered the opinion of the Court.

A provision of the Fair Labor Standards Act exempts from the statute’s minimum wage and maximum hours rules

*162 “any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary [of Labor]).” 29 U. S. C. §213(a)(15).

A Department of Labor regulation (labeled an “interpretation”) says that this statutory exemption includes those “companionship” workers who “are employed by an employer or agency other than the family or household using their services.” 29 CFR § 552.109(a) (2006). The question before us is whether, in light of the statute’s text and history, and a different (apparently conflicting) regulation, the Department’s regulation is valid and binding. See Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, 843-844 (1984). We conclude that it is.

I

A

In 1974, Congress amended the Fair Labor Standards Act of 1938 (FLSA or Act), 52 Stat. 1060, to include many “domestic service” employees not previously subject to its minimum wage and maximum hour requirements. See Fair Labor Standards Amendments of 1974 (1974 Amendments), §§ 7(b)(1), (2), 88 Stat. 62 (adding 29 U. S. C. §206(f), which provides for a minimum wage for domestic service employees, and §207(¿), which extends overtime restrictions to domestic service employees). When doing so, Congress simultaneously created an exemption that excluded from FLSA coverage certain subsets of employees “employed in domestic service employment,” including babysitters “employed on a casual basis” and the companionship workers described above. § 7(b)(3), 88 Stat. 62 (codified at 29 U. S. C. § 213(a)(15)).

*163 The Department of Labor (Department or DOL) then promulgated a set of regulations that included two regulations at issue here. The first, set forth in a subpart of the proposed regulations entitled “General Regulations,” defines the statutory term “domestic service employment” as

“services of a household nature performed by an employee in or about a private home ... of the person by whom he or she is employed ... such as cooks, waiters, butlers, valets, maids, housekeepers, governesses, nurses, janitors, laundresses, caretakers, handymen, gardeners, footmen, grooms, and chauffeurs of automobiles for family use [as well as] babysitters employed on other than a casual basis.” 40 Fed. Reg. 7405 (1975) (emphasis added) (codified at 29 CFR § 552.3).

The second, set forth in a later subsection entitled “Interpretations,” says that exempt companionship workers include those

“who are employed by an employer or agency other than the family or household using their services... [whether or not] such an employee [is assigned] to more than one household or family in the same workweek . . . .” 40 Fed. Reg. 7407 (codified at 29 CFR § 552.109(a)).

This latter regulation (which we shall call the “third-party regulation”) has proved controversial in recent years. On at least three separate occasions during the past 15 years, the Department considered changing the regulation and narrowing the exemption in order to bring within the scope of the FLSA’s wage and hour coverage companionship workers paid by third parties (other than family members of persons receiving the services, who under the proposals were to remain exempt). 58 Fed. Reg. 69310-69312 (1993); 60 Fed. Reg. 46798 (1995); 66 Fed. Reg. 5481, 5485 (2001). But the *164 Department ultimately decided not to make any change. 67 Fed. Reg. 16668 (2002).

B

In April 2002, Evelyn Coke (respondent), a domestic worker who provides “companionship services” to elderly and infirm men and women, brought this lawsuit against her former employer, Long Island Care at Home, Ltd., and its owner, Maryann Osborne (petitioners). App. 1, 19; 267 F. Supp. 2d 332, 333-334 (EDNY 2003). She alleged that petitioners failed to pay her the minimum wages and overtime wages to which she was entitled under the FLSA and a New York statute, and she sought a judgment for those unpaid wages. App. 21-22. All parties assume for present purposes that the FLSA entitles Coke to the payments if, but only if, the statutory exemption for “companionship services” does not apply to companionship workers paid by third-party agencies such as Long Island Care.. The District Court found the Department’s third-party regulation valid and controlling, and it consequently dismissed Coke’s lawsuit. 267 F. Supp. 2d, at 341.

On appeal, the Second Circuit found the Department’s third-party regulation “unenforceable” and set aside the District Court’s judgment. 376 F. 3d 118, 133, 135 (2004). Long Island Care and Osborne sought certiorari. At the Solicitor General’s suggestion, we vacated the Second Circuit’s decision and remanded the case so that the Circuit could consider a recent DOL “Advisory Memorandum” explaining (and defending) the regulation. 546 U. S. 1147 (2006); App. E to Pet. for Cert. 50a (Wage and Hour Advisory Memorandum No. 2005-1 (Dec. 1, 2005) (hereinafter Advisory Memorandum)). The Advisory Memorandum failed to convince the Second Circuit, which again held the regulation unenforceable. 462 F. 3d 48, 50-52 (2006) (per curiam). Long Island Care and Osborne again sought certiorari. And this time, we granted their petition and set the case for argument.

*165 II

We have previously pointed out that the “‘power of an administrative agency to administer a congressionally created ... program necessarily requires the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly, by Congress.’ ” Chevron, 467 U. S., at 843 (quoting Morton v. Ruiz, 415 U. S. 199, 231 (1974); omission in. original). When an agency fills such a “gap” reasonably, and in accordance with other applicable (e.g., procedural) requirements, the courts accept the result as legally binding. 467 U. S., at 843-844; United States v. Mead Corp.,

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Bluebook (online)
168 L. Ed. 2d 54, 20 Fla. L. Weekly Fed. S 329, 127 S. Ct. 2339, 551 U.S. 158, 154 Lab. L. Rep. (CCH) 35298, 2007 U.S. LEXIS 7717, 12 Wage & Hour Cas.2d (BNA) 1089, 75 U.S.L.W. 4416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-island-care-at-home-ltd-v-coke-scotus-2007.