On June 27, 2016, the U.S. Supreme Court denied the plaintiffs’ petition for a writ of certiorari in Home Care Association of America v. Weil, leaving the U.S. Department of Labor’s (“DOL”) Home Care Rule intact. The Home...more
6/29/2016
/ Companionship Exemptions ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Home Health Care ,
Home Healthcare Workers ,
Independent Contractors ,
Joint Employers ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Petition for Writ of Certiorari ,
Recordkeeping Requirements ,
Rest and Meal Break ,
SCOTUS ,
Third-Party Agents ,
Wage and Hour
Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more
4/12/2016
/ Antitrust Provisions ,
Ban the Box ,
Corporate Restructuring ,
Discrimination ,
False Claims Act (FCA) ,
Federal Contractors ,
Harassment ,
Health Care Providers ,
Hiring & Firing ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Unions ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
Workplace Safety
In the latest litigation chapter involving the U.S. Department of Labor’s rule extending minimum wage and overtime requirements to certain home care workers, a home care industry coalition has taken its challenge of the rule...more
In an order dated October 20, 2015, pursuant to the D.C. Circuit’s mandate issued on October 13, 2015, U.S. District Court Judge Richard Leon entered summary judgment in favor of the U.S. Department of Labor (DOL) in Home...more
10/22/2015
/ Companionship Exemptions ,
Department of Labor (DOL) ,
Domestic Workers ,
Fair Labor Standards Act (FLSA) ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Minimum Wage ,
Summary Judgment ,
Unpaid Overtime ,
Wage and Hour
On August 21, 2015, the U.S. Court of Appeals for the D.C. Circuit upheld the U.S. Department of Labor’s (DOL) Home Care Rule and reversed the lower court’s decisions vacating the new rule. On October 6, 2015, the U.S....more
10/7/2015
/ Appeals ,
Certiorari ,
Companionship Exemptions ,
Compliance ,
Department of Labor (DOL) ,
Healthcare ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
SCOTUS ,
Stays ,
Summary Judgment ,
Third-Party Service Provider ,
Unpaid Overtime ,
Wage and Hour
On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld the Department of Labor's Home Care Rule. Based on that decision, the effective date of the Home Care Rule is October 13, 2015....more
On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld the United States Department of Labor’s (“DOL’s”) Home Care Rule and reversed the lower court’s decisions vacating the...more
8/25/2015
/ Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Elder Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
Healthcare ,
Home Health Care ,
Third-Party Agents ,
Unpaid Overtime