Following his ruling on December 22 finding the DOL’s regulations limiting the companionship exemption to overtime a violation of the Administrative Procedure Act, on New Year’s Eve Judge Richard J. Leon issued a stay in the form of a temporary restraining order. Home Care Ass’n of Am. v. Weil, D.D.C., No. 14-CV-967, DKT 26
home care
DOL Policy Statement Delays (Government) Enforcement of Home Care Overtime Rule
By Noel P. Tripp on
Posted in Department of Labor, Exemptions
In response to pressure from state governments and others fearing the increased cost of home care services, the Department of Labor announced Tuesday that it would delay its own enforcement of the new rule requiring that previously-exempt “companions” receive minimum wage and overtime. The DOL’s Policy Statement stated that the DOL would not…
Second Circuit Affirms Ruling That NYC Was Not “Joint Employer”
By Noel P. Tripp on
Posted in Coverage, New York State
Affirming a 2013 district court ruling discussed in detail here, in a summary order the Court of Appeals for the Second Circuit held that Eastern District of New York Magistrate Judge Joan M. Azrack did not err in finding that home attendants employed by a not-for-profit agency who provided personal care services to City…
FLSA Coverage Extends to Majority of Home Care Workers
By Noel P. Tripp on
The Department of Labor continues carrying out its aggressive regulatory agenda, releasing the much-anticipated final rule extending FLSA minimum wage and overtime protection to direct care workers such as home health aides, personal care aides and certified nursing assistants working for home care agencies and other domestic services employers, and reversing the application of …