News & Analysis as of

Companionship Exemptions

Parker Poe Adams & Bernstein LLP

Nanny Must Live in Client's Home to Qualify for Overtime Exemption

In recent years, more workers have filed claims for unpaid overtime based on occupations that are potentially subject to specialized exemptions under the Fair Labor Standards Act. Some of this litigation involves the...more

Fisher Phillips

Establishing FLSA-Compliant Practices In The Home Companionship And Home Care Industry

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It is hard to believe that it has been three years now since the federal Fair Labor Standards Act’s (FLSA) “companionship” exemption was strictly limited to direct-hire caregivers engaged in a narrower scope of activities,...more

Akerman LLP - HR Defense

Hope for Employers: Court Says Home Health Aides Can’t Bring Collective Action

Courts have been quick to allow one employee claiming to be due overtime to sue on behalf of others in the same job category by certifying a collective action, allowing that employee to represent the class and requiring the...more

FordHarrison

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

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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

Chambliss, Bahner & Stophel, P.C.

Most Caregivers Are Now Entitled to Minimum Wage and Overtime Pay

The federal government recently extended minimum wage and overtime protections to most home health care workers. If you are hiring a caregiver for yourself or an elderly loved one, you need to become familiar with the rules,...more

Cadwalader, Wickersham & Taft LLP

OIG Delivers Home Care a One – Two Punch: Release of Report and Alert on Home Health Fraud Highlights Increased OIG Scrutiny of...

On June 22, 2016, the Office of Inspector General (“OIG”) issued two communications that underscore its continued focus on fraud in home health care, along with the role of physicians as “gate keepers” in authorizing...more

Littler

Supreme Court Declines Review of D.C. Circuit’s Decision Upholding DOL Home Care Rule as Regulatory and Litigation Focus on Home...

Littler on

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

BakerHostetler

10 Tips to Mitigate or Prevent Wage and Hour Litigation in the Post-Acute Industry

BakerHostetler on

Wage and hour lawsuits are being filed against employers under federal and state wage and hour laws at a record rate. Most wage and hour claims allege the employer failed to pay employees for off-the-clock work, failed to pay...more

Ward and Smith, P.A.

Big News for the Home Health Industry: Federal Judge Vacates the DOL's Companionship Services Regulations on Minimum Wage and...

Ward and Smith, P.A. on

As 2014 wound to a close, the United States District Court for the District of Columbia issued a significant decision impacting third-party agencies that provide in-home care to the elderly and ailing. On December 22, 2014,...more

Poyner Spruill LLP

D.C. Circuit Resuscitates Elimination of Companionship and Domestic Service Exemptions for Third-Party Employers

Poyner Spruill LLP on

What Happened? The ongoing legal battle over the U.S. Department of Labor (DOL) Final Rule changing the definitions of “companionship services” and live-in domestic employees again turned against employers on August 21,...more

Poyner Spruill LLP

Hospice EndNotes - December 2015

Poyner Spruill LLP on

Winds of Change Blowing Across the Hospice Landscape - Recent Medicare developments indicate that end-of-life health care providers can expect to face continuing change in an already dynamic sector. These latest turns...more

Littler

Home Care Industry Coalition Seeks Supreme Court Review of DOL's Home Care Rule

Littler on

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

Littler

Court Enters Summary Judgment in Favor of DOL in Home Care Rule Challenge

Littler on

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

BakerHostetler

DOL Final Rule Withstands Challenge, Mandates Changes for Home Health Employers

BakerHostetler on

The U.S. Court of Appeals for the D.C. Circuit recently reinstated regulations from the U.S. Department of Labor (DOL), extending federal minimum wage and overtime requirements to home health workers employed by third-party...more

Fisher Phillips

USDOL "Companionship", "Live-In Domestic" Enforcement Coming

Fisher Phillips on

The U.S. Labor Department has now announced that, beginning on November 12, it will start enforcing its revised regulations governing the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and Section...more

Seyfarth Shaw LLP

DOL’s New Companionship Exemption to Take Effect on October 13

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As we previously reported, this past August, the D.C. Circuit Court of Appeals upheld the Department of Labor’s Final Rule imposing sweeping changes to the former companionship exemption under the Fair Labor Standards Act. ...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

Mintz - Employment, Labor & Benefits...

Update on the Fight Over the Companionship and Live-In Domestic Worker FLSA Exemptions: Final Rule Set to Go Into Effect on...

A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime...more

Franczek P.C.

Many Home Companionship Workers No Longer Exempt

Franczek P.C. on

Agencies and other third-party employers of live-in household employees and home companionship providers, take note: the long-delayed regulations reclassifying many of these workers as non-exempt employees entitled to minimum...more

Littler

October 13 Effective Date of the Home Care Rule Stands—For Now

Littler on

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

Fisher Phillips

USDOL Delays Its "Companionship", "Live-In Domestic" Enforcement

Fisher Phillips on

As we recently reported, the U.S. Department of Labor's changes in its regulations governing the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and Section 13(b)(21) overtime exemption for "live-in...more

McCarter & English, LLP

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service...more

Robinson & Cole LLP

U.S. Court of Appeals Reinstates Labor Department’s Wage Rule for Home Care Workers

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On August 21, 2015, the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) reinstated Department of Labor (DOL) regulations that require home care agencies and other third-party employers of...more

Parker Poe Adams & Bernstein LLP

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

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