U.S Department of Labor Appeals Ruling On Home Caregiver Wage Final Rule

as posted by U.S. Department of Labor

DOL Appeals Decision in Lawsuit Brought by Home Care Industry

Update: The Department of Labor has filed an appeal to the U.S. Court of Appeals for the District of Columbia Circuit in the lawsuit brought by associations of home care companies challenging the Home Care Final Rule.

On December 22, 2014, U.S. District Court Judge Richard Leon issued an opinion and order inHome Care Association of America v. Weil, Civil Action No. 14-967 (D.D.C.), vacating the third party regulation amended by the Home Care Final Rule.

On January 14, 2015, Judge Leon issued an opinion and order vacating the Final Rule’s revised definition of companionship services.

The Department strongly disagrees with both orders.

The Department issued the Home Care Final Rule to extend minimum wage and overtime protections to almost 2 million home care workers. The Department stands by the Final Rule. We believe the Rule is legally sound and is the right policy—both for those employees, whose demanding work merits these fundamental wage guarantees, and for recipients of services, who deserve a stable and professional workforce allowing them to remain in their homes and communities.

Information on the Final Rule: Application of the Fair Labor Standards Act to Domestic Service: CLICK HERE

U.S Dept. of Labor Home Care webpage: CLICK HERE