News & Analysis as of

Appeals Healthcare Home Health Agencies

Seyfarth Shaw LLP

The Health Care Provider Exemption to Emergency Paid Sick Leave in the Families First Coronavirus Act - Are you Covered?

Seyfarth Shaw LLP on

Yesterday, the Department of Labor issued temporary regulations regarding the “health care provider” exemption to employer-provided paid time off and paid leave under the Families First Coronavirus Response Act (“FFCRA”)....more

Littler

NY Court of Appeals Decision Saves the NY Home Care Industry – What’s Next for Home Care Providers?

Littler on

New York’s vast home care industry and those who rely on their services breathed a sigh of relief on March 26, 2019, when the New York Court of Appeals gave providers the green light to continue to pay home care aides for 13...more

Littler

A Paramount Reversal Just Saved the NY Home Care Industry

Littler on

The day most anxiously anticipated (or dreaded) by the vast home care industry in New York has arrived, and a huge sigh of relief from home care agencies and New Yorkers who rely on their services can be heard across the...more

FordHarrison

NY Court of Appeals Upholds 13 Hours Pay for 24-Hour Shift Home Health Aides

FordHarrison on

Yesterday the New York Court of Appeals issued its long-awaited decision on 24-hour shift home health aides who work as “sleep-in” workers....more

Franczek P.C.

U.S. Supreme Court Denies Stay of the DOL Wage Rule for Home Care Workers

Franczek P.C. on

The Department of Labor (DOL) promulgated a rule that brings home care workers, employed by third parties, within the protection of the Fair Labor Standards Act (FLSA). As a result, those home care workers employed by an...more

Littler

Supreme Court Denies Further Stay of Department of Labor's Home Care Rule; Effective Date is Imminent

Littler on

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

Ballard Spahr LLP

Nearly 2 Million Home Care Workers Now Qualify for Minimum Wage, Overtime Protections

Ballard Spahr LLP on

The U. S. Court of Appeals for the District of Columbia Circuit unanimously upheld a Department of Labor (DOL) rule which extended the Fair Labor Standard Act’s (FLSA) minimum wage and overtime protections to certain home...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Appeals Court Reinstates New Federal Minimum Wage and Overtime Requirements for Home Health Care Workers Employed By...

The United States Court of Appeals for the D.C. Circuit in Home Care Association of America v. Weil reinstated the U.S. Department of Labor’s regulations extending the federal minimum wage and overtime requirements for home...more

Constangy, Brooks, Smith & Prophete, LLP

A Cautionary Note On That "Companionship Services" Rule

As we have previously reported, a federal district court for the District of Columbia recently vacated new U.S. Department of Labor regulations promulgated under the Fair Labor Standards Act, which (1) barred third-party...more

Robinson & Cole LLP

Health Law Pulse - February 2015

Robinson & Cole LLP on

On January 23, 2015, the United States Department of Labor (DOL) filed a notice of appeal with the United States Court of Appeals for the District of Columbia (District Court) challenging two rulings in the case of Home Care...more

K&L Gates LLP

DC Court Rejects Unilateral DOL Regulation of Home Care Workers in Sharply Worded Rebuke; DOL to Appeal

K&L Gates LLP on

In a pair of welcomed decisions for third-party employers in the home care industry, Judge Richard J. Leon of the D.C. Federal District Court vacated major provisions of the U.S. Department of Labor’s (DOL) Home Care Final...more

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