Home Care Overtime Lawsuit Could have National Implications

Posted on Monday, September 9, 2019 11:54 AM

According to the National Law Review, the federal court ruling on unpaid home health workers overtime in Los Angeles could have a national impact.  The court ruled that the workers paid by state and county agencies could sue for unpaid overtime under the Fair Labor Standards Act, these workers were exempt from these laws. 

“Before the new rule was set to go into effect on Jan. 1, 2015, a federal court in Washington, D.C., struck it down. That ruling was overturned in October 2015. As a result, the DOL said it would not enforce the new regulations until Nov. 12, 2015 — despite the initial effective date of Jan. 1.

Meanwhile, California didn’t comply with the new rules until Feb. 1, 2016, which prompted a home care worker in LA County employed by the state’s In-Home Supportive Services (IHSS) program there to sue the county, the National Law Review explained. The suit sought to recover 13 months of unpaid overtime, from Jan. 1, 2015 to Feb. 1, 2016. “

In the end, the court ruled that the county was not immune from the rule, allowing workers to sue for unpaid overtime from January 1, 2015. 

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