Companionship Exemptions

News & Analysis as of

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

Court Vacates DOL’s New “Companionship Services” Definition

On January 14, 2015, the court in Home Care Association of America v. Weil vacated the U.S. Department of Labor’s (DOL) regulation narrowing the definition of “companionship services” under the Fair Labor Standards Act...more

Department of Labor regulations narrowing companionship care definition vacated

In a second decision in the case challenging federal Department of Labor regulations relating to the Fair Labor Standards Act’s (FLSA) companionship care exemption, the US District Court for the District of Columbia vacated...more

Home Health Care Remains Affordable: New Companionship Exemption Rules Overturned

A federal court has invalidated the U.S. Department of Labor's ("DOL") amended rule that would have extended minimum wage and overtime protections to nearly two million home health care workers and affected the cost and...more

Judge Vacates Parts of USDOL Home-Care Regulation

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

"Back to Where We Started: Federal Court Vacates U.S. Department of Labor Companionship Exemption Rule"

Judge Richard Leon of the U.S. District Court for the District of Columbia has just vacated a section of the U.S. Department of Labor’s regulations that would have significantly limited the type of work that qualifies as...more

Department of Labor’s Regulatory Scheme to Extend Federal Overtime and Minimum Wage Requirements Halted

The ever changing regulatory framework for Home Care Organizations and Personal Care Providers has created an uncertain environment in which to operate. As January 1, 2015, approached, many providers began preparing to...more

US District Court Ruling a Victory for Home Care Providers, but Challenges Remain Under New Minimum Wage and Overtime Rules

In a ruling on December 22, 2014, in the case of Home Care Association of America et al. v. Weil, the US District Court for the District of Columbia vacated a significant new regulation in the Department of Labor’s (DOL)...more

A Christmas Present for Home Care Providers

The home care industry received a welcome holiday gift from the United States District Court in Washington, D.C. shortly before Christmas when Judge Richard J. Leon vacated a portion of a new regulation that would have...more

Court Stays New FLSA Companionship Regulation From Going Into Effect

The court in Home Care Association of America v. Weil dealt another setback to the U.S. Department of Labor’s (DOL) amendments to the Fair Labor Standards Act’s (FLSA) regulations affecting home health care businesses. On...more

D.C. District Court Vacates Regulation Impacting Overtime Eligibility Under Companionship Exemption

On December 22, 2014, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and overtime exemptions for “companionship” domestic...more

An Early Holiday Present for Home Care Providers

The home care industry received a welcomed holiday gift from the United States District Court in Washington, D.C. on December 22, when the court vacated a portion of a new regulation that would have required third-party...more

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

"Companionship Exemption Preserved, For Now"

Hours before the scheduled January 1, 2015, effective date, the U.S. District Court for the District of Columbia temporarily stayed a provision of the U.S. Department of Labor's Final Rule that would have significantly...more

Court Vacates Imminent Bar To Third-Party Employer's Claiming Companionship/Live-In Domestic Exemptions

We have reported that the U.S. Labor Department's changes in its regulatory provisions affecting the federal Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section 13(b)(21) overtime...more

DOL Delays Enforcement Of Companionship Exemption Rule, But Private Lawsuits Against Employers Can Carry On

On October 9, the Wage and Hour Division of the U.S. Department of Labor announced that it would delay enforcement of the 2013 Final Rule regarding the companionship exemption to the minimum wage and overtime requirements of...more

Challenges and Best Practices for Home Care Employers Following the Elimination of the Companionship Exemption

In this Issue: - Introduction - History of the Companionship exemption - The New Regulations - Impact of the New Regulations - Challenges and Best practices for Home Care employers...more

Companions No More: U.S. Department of Labor Extends Minimum Wage and Overtime Protections to Home Health Care Workers

Beginning on January 1, 2015, the Fair Labor Standards Act will extend its minimum wage and overtime protections to nearly all home health care workers. This changes the playing field for an estimated two million workers who...more

eTrends - DOL Announces Final Rule for Home Health Care Workers

The United States Department of Labor (DOL) Wage and Hour Division issued a final rule on September 17, 2013 that will extend the minimum wage and overtime protections of the Fair Labor Standards Act to in-home workers who...more

DOL Releases Final Rule on Domestic Service Exemption

On September 17, 2013, the United States Department of Labor (“DOL”) released a Final Rule revising its regulations on the domestic service exemption under the Fair Labor Standards Act (“FLSA”). The Final Rule will amend the...more

Most Home Care Workers to Be Entitled to Minimum Wage and Overtime

The U.S. Department of Labor’s final rule extending the minimum wage and overtime requirements to most home care workers becomes effective January 1, 2015. ...more

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