Stephen Zweig

Stephen Zweig

FordHarrison

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FLSA Conditional Certification Denied in NYS for 5,000 Home Care Workers

In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that...more

8/23/2016 - Class Action Class Certification Collective Actions Conditional Certification Corporate Counsel Domestic Workers Employer Liability Issues FLSA Home Health Care Home Healthcare Workers Unpaid Overtime Wage and Hour

Individuals, Families, and Households and Those Who Jointly Employ Home Care Workers With Them are All Liable for Unpaid Overtime

Claims by home care workers for unpaid overtime have risen steadily since the U.S. Department of Labor, in 2015, eliminated the federal overtime exemptions that allowed agency employers essentially to pay no overtime wage...more

8/4/2016 - Companionship Exemptions DOL Domestic Workers FLSA Healthcare Home Health Care Home Healthcare Workers Minimum Wage Staffing Agencies Unpaid Overtime Wage and Hour

Home Care Professionals Series Part 1 – NYS Domestic Workers' Bill of Rights

As most home care agencies know, the United States Department of Labor ("USDOL") eliminated the companionship exemption for home care agency workers on October 13, 2015 in its Final Rule on the Application of the FLSA to...more

2/2/2016 - DOL Domestic Workers ESTA Home Healthcare Workers Paid Leave Wage and Hour Work Schedules

DOH Reverses Position on Overtime Pay Under The Wage Parity Act

On November 2, 2015, the NYS Department of Health ("DOH") issued important notices affecting the wage and overtime obligations of New York City and Nassau, Suffolk, and Westchester County home care agencies....more

11/6/2015 - Department of Health DOL Final Rules Healthcare Home Health Agencies Home Health Care Home Healthcare Workers Rate Parity Agreement Unpaid Overtime Wage and Hour

24-Hour Shift Cases: Now Far Too Costly To Service?

Last week, a Manhattan Supreme Court Justice denied a motion to dismiss a class action lawsuit against Chinese–American Planning Council Home Attendant Program, Inc., brought for unpaid wages, overtime, and failing to pay...more

9/22/2015 - Appeals Class Action DOL Domestic Workers FLSA Home Health Care Home Healthcare Workers NY Supreme Court Rate Parity Agreement Unpaid Overtime Wage and Hour

DOL's Final Rule Upheld By D.C. Court Of Appeals

The D.C. Court of Appeals ruled today that the US Department of Labor's ("DOL") Final Rule on the Application of the Fair Labor Standards Act to Domestic Service (the "Final Rule") is valid, because it is "grounded in a...more

8/24/2015 - Appeals Class Action DOL Domestic Workers Final Rules FLSA Health Care Providers Healthcare Home Health Care SCOTUS

U.S. District Court Blocks U.S. DOL's New Definition of Companionship Services Under FLSA

The U.S. District Court for the District of Columbia has issued a Temporary Restraining Order ("TRO") blocking the U.S. Department of Labor ("DOL") from enforcing the new definition of Companionship Services in its Final Rule...more

1/5/2015 - Companionship Exemptions DOL Final Rules FLSA Home Health Agencies Home Health Care Order to Stay Wage and Hour

Can Your Agency Afford to Employ "Sleep-Ins"?

Under the U.S. Department of Labor's Final Rule on Domestic Service, ("DOL Final Rule") effective January 1, 2015, home care agencies can no longer claim the companionship exemption. As a result, managed care companies may be...more

12/10/2014 - Best Management Practices DOL Domestic Workers Final Rules Home Healthcare Workers Unpaid Overtime Wage and Hour

NYC Paid Sick Time Law Effective Today, April 1, 2014

Executive Summary: The New York City Earned Sick Time Act ("the Act") went into effect on April 1, 2014. The Act requires employers with at least five employees who work at least 80 hours per year in NYC to provide all such...more

4/2/2014 - Employee Rights Paid Leave Sick Leave

NYC Paid Sick Time Law Amended To Cover Employers With As Few As Five Employees

On February 26, 2014, the New York City Council passed an amended version of the New York City Earned Sick Time Act. This amended version, effective April 1, 2014, requires that companies with as few as five employees provide...more

3/14/2014

U.S. DOL's Final Rule Limiting Domestic Services Imposes Heavy Burden On Household Direct Hires

Individuals and families who for years have directly employed domestic workers to care for elderly or ill family members will see their labor costs increase dramatically beginning January 1, 2015. Under the U.S. DOL's Final...more

10/14/2013 - DOL Domestic Workers FLSA Home Health Care Minimum Wage Over-Time Wages

Companionship Exemption For Agency Employed Home Care Workers Ends Effective January 1, 2015

On September 17, 2013, the U.S. Department of Labor (DOL) issued its long-delayed Final Rule revising its regulations to eliminate the Fair Labor Standards Act's (FLSA) companionship exemption for agency-employed direct care...more

9/19/2013 - Companionship Exemptions DOL FLSA Healthcare Home Health Care

Healthcare Industry Legal Alert: The Companionship Exemption For Agency Employed Home Care Workers May End As Early As This Month....

It has been reported that the Department of Labor (DOL) will issue a rule this month revising its regulations to eliminate the Fair Labor Standards Act's (FLSA) companionship exemption for agency-employed home care workers. ...more

7/11/2013 - Companionship Exemptions DOL Employee Rights Employer Liability Issues FLSA Health Care Providers Home Health Care Unpaid Overtime Wage and Hour

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