NSCLC: FLSA Home Care Rule Struck Down by D.C. District Court

From our colleagues at NSCLC: 

A U.S. federal district court has struck down new rules that would have applied Fair Labor Standards Act standards, like payment of minimum wage and overtime, to most Medicaid home care providers.  Historically, many personal care providers and other in-home assistants have been exempted from federal labor laws under the “companionship services” exemption.  

The US Department of Labor is likely to appeal the decision to the D.C. appellate court, so a final decision on the validity of the expanded FLSA regulations will take some time.  In the meantime, however, the new regulations, which were supposed to start on January 1, 2015, will not take effect.  Unless a state chooses otherwise, home care providers’ wages and hours will stay same.  

For more details about the court decisions or the rule, visit http://www.dol.gov/whd/homecare/ or contact Hannah Weinberger-Divack.

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