Companionship Exemptions

News & Analysis as of

Appeals Court Upholds DOL Changes to Home Care Worker Exemption

In a major defeat for the home health care industry, on August 21, the D.C. Circuit Court of Appeals reversed a lower court decision that had blocked issuance of an interpretation making thousands of currently exempt workers...more

D.C. Circuit Court of Appeals Upholds USDOL’s Revised Regulations on the “Companionship Exemption” Under the FLSA

On August 21, the United States Court of Appeals for the District of Columbia Circuit upheld the U.S. Department of Labor’s revisions to the “companionship exemption” under the Fair Labor Standards Act, and reversed two...more

Court Revives DOL's Expanded Overtime and Minimum Wage Rules for Home Health Care Workers

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia in Home Care Association of America v. Weil reversed a lower court decision and upheld the U.S. Department of Labor's (DOL) 2013 regulatory change...more

Court Awards Employees of Home Health Care Companies Minimum Wage and Overtime Rights

Home health care providers could expect to pay their employees more after the Court of Appeals for the D.C. Circuit held an exemption of the Fair Labor Standards Act (FLSA) no longer applies to third-party employers of...more

D.C. Circuit Reinstates Home Health Care Regulations

Earlier this year, we brought news that the DOL had revised its regulations applicable to home health care workers. Those regulations, which related to domestic workers who provide “companionship services,” narrowed...more

Change to FLSA Companionship Exemption Extends Minimum Wage and Overtime Protections to Home Health Care Aides

After almost fourteen months of legal challenges, the U.S. Department of Labor has emerged victorious in its attempt to modify the FLSA’s companionship exemption. On August 21, the U.S. Court of Appeals for the D.C. Circuit...more

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

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

Companionship Exemption Changes In Effect

The latest twist in the ongoing saga involving the U.S. Department of Labor's changes in its regulatory provisions affecting the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section...more

Home Health Care Agencies Feeling Sick After Friday’s Circuit Court Ruling

As we reported earlier this year, the U.S. Department of Labor has been fighting nearly 14 months of legal challenges in connection with its attempt to modify the FLSA’s companionship exemption. On Friday, the U.S. Circuit...more

Health Law Wire: FLSA Exemption for Domestic Workers Upheld by DC Circuit (8/21/15)

This morning, the United States Court of Appeals for the District of Columbia upheld the federal Department of Labor’s revisions to the “companionship exemption” under the Federal Labor Standards Act. Home Care Association of...more

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

D.C. Circuit Revives U.S. DOL’s Final Rule on Home Care

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit held that the U.S. Department of Labor’s Home Care Final Rule, which eliminates the companionship and live-in domestic service exemptions for...more

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

Department of Labor Seeks to Put New FLSA Regulations for Homecare Workers Back on Track

Last week marked a new battle in the war the U.S. Department of Labor (DOL) has waged against the homecare industry. Appealing two federal court rulings that invalidated new regulations extending minimum wage, overtime and...more

An Update on the U.S. Department of Labor’s Agenda

Jennifer Brand, Associate Solicitor of Labor, spoke at the American Bar Association Federal Labor Standards Legislation Committee’s Mid-Winter Meeting on February 26. Ms. Brand provided an update on important USDOL...more

DOL's Wage Rule for Home Care Workers on Hold

A federal judge has scuttled key aspects of the U.S. Labor Department's (DOL's) rule that would have extended the federal Fair Labor Standards Act's minimum wage and overtime requirements to many home care workers. The rule...more

Attempt to Extend Minimum Wage and Overtime to Home Care Workers Overruled by Court

In October 2013, the Department of Labor's (DOL) new rule extending minimum wage and overtime protections to the nation’s nearly two million home-care workers prompted controversy over the Department's authority to reverse...more

Happy New Year from the DC District Court - Companionship Exemption Lives On!! - EndNotes February 2015

Home care patients, caregivers and the entire home care community celebrated a huge victory to kick off 2015. The U.S. District Court for the District of Columbia (DC court) vacated the U.S. Department of Labor’s (DOL’s)...more

End Notes Newsletter February 2015 - News for North Carolina’s Hospice and Palliative Care Community

In this issue: - Gear Up for Increased CMS Scrutiny of Hospice Services for Assisted Living Facility Residents - Happy New Year from the DC District Court - Companionship Exemption Lives On!! - DEA Rules On...more

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

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

DOL Challenge Expected to Judge's Decision to Vacate Proposed Caregiver Wage Regulations

On January 14, 2015, U.S. District Court Judge Richard J. Leon, in the District of Columbia, issued an opinion and order in Home Care Association of America v. Weil, Civil Action No. 14-967, vacating a U.S. Department of...more

DOL's Companionship Rule Gets the One-Two Punch

Employers of companionship and domestic employees can breathe a little easier, now that a court has set aside major portions of a rule that may have required that such employees receive the minimum wage and overtime under the...more

The Companionship Exemption Remains: D.C. District Court’s Most Recent Decision in Home Care Association of America v. Weil Marks...

On January 14, 2015, Judge Richard J. Leon of the D.C. Federal District Court issued another favorable opinion for home care employers by vacating a Department of Labor regulation that would have narrowed the definition of...more

Federal Judge Invalidates DOL's Revised Definition of Companionship Services

In the January 2 edition, EmployNews reported that a federal district court in Washington vacated provisions of new Department of Labor regulations that would have excluded employees of companies providing elder care services...more

D.C. Court Strikes Down Two USDOL Regulations and Restores Full “Companionship Exemption” Under the FLSA

In a victory for Home Care employers, the U.S. District Court for the District of Columbia issued consecutive decisions which struck down two regulations issued by the U.S. Department of Labor (“USDOL”) that would have...more

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