Appeals Court Sides With DOL On Overtime Rules For Companion Services

Posted on Friday, August 21, 2015 3:19 PM

A court ruling released today is in favor of home health agencies paying overtime wages to workers for live-in and companion services.
The Department of Labor (DOL) has won its bid against the Home Care Association of America, Et Al., in the U.S. Court of Appeals for the District of Columbia to remove exemptions for home care employees under the Fair Labor Standards Act (FLSA) for companionship and live-in services. The ruling overturns a lower court decision from December which sided with the plaintiffs, including the National Association for Home Care and Hospice (NAHC), in their attempt to overturn Labor’s new rules that would have eliminated these exemptions earlier this year. The DOL’s decision to extend the FLSA’s protections to home care workers is “…grounded in a reasonable interpretation of the statute and is neither arbitrary nor capricious.” NAHC has predicted that the losing side is likely to appeal the decision to the Supreme Court. Click here to read more.

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