Fair Labor Standards Act (Homecare Rule)

Last week, three judges from the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments related to Home Care Association of America v. Weil which challenges the Home Care Final Rule issued by the Department of Labor (DOL) and intended to be implemented on January 1, 2015. The rule was put on hold due to a pair of rulings from the US District Court vacating the challenged provisions. The suit challenges DOL’s authority to 1) revise the definition of companionship services and 2) discontinues the exemption of overtime compensation by third party employers of home care workers who provide companionship services from overtime compensation. The Court of Appeals is expected to issue a decision this summer. For more information, visit http://www.dol.gov/whd/homecare/.

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