Amendment to the Fair Labor Standards Act in the Home Care Final Rule Struck Down

On December 22, 2014, in Home Care Association of America v. Weil, Civil Action No. 14-967 (D.D.C.), D.C. District Court Judge Richard Leon struck down the amendment to the Fair Labor Standards Act in the Home Care Final Rule which disallows third party employers of home care workers to exempt workers who provide companionship services from overtime compensation. On December 31, 2014, Judge Leon issued a temporary restraining order staying the revised definition of companionship until January 15, 2015, in order to consider plaintiffs’ motion. On January 8, 2014, Judge Leon consolidated the two issues to be considered at a hearing which took place on Friday, January 9, 2015. Another hearing to inform the parties of his decision will be held on Wednesday, January 14, 2015. The Department of Labor continues to support its rule and is in opposition to the plaintiff’s motion.

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