Providing much needed guidance to industry employers still wrestling with fallout from the United States Department of Labor’s drastic reduction to the scope of the companionship exemption, District Court Judge Sandra S. Beckwith held this week that a home care agency properly relied on the temporary vacatur of the DOL’s new federal regulations in
home health aides
D.C. Judge Issues Stay of Home Care Rule
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…
Countering USDOL, Republicans Submit Proposal to Codify Coke Exemption to Overtime for Companions
In an effort to counteract proposed USDOL rulemaking seeking to overturn the Supreme Court’s decision in Long Island Care at Home v. Coke, in which the Court upheld the exemption’s historic application to individuals employed by third party agencies who provide health care services in a private home (Long Island Care at Home, Ltd. …
USDOL To Announce Proposed Domestic Service Rule Expanding Right To Overtime Pay
As we reported here, the Wage and Hour Division of the U.S. Department of Labor previously announced it would propose a rule regarding the applicability of the companionship exemption to the FLSA’s minimum wage and overtime requirements. This longstanding exemption was the subject of a rare Supreme Court opinion on FLSA issues, in which the…