News & Analysis as of

Over-Time Wage and Hour Home Health Care

Husch Blackwell LLP

Hospice Labor and Employment Trends - Get Up to Speed Fast: What You Need to Know About the New Rules Involving Non-Competes and...

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It’s never a dull moment when you are a labor and employment lawyer these days! Beyond the steady rise in union activity (a topic of a prior podcast), the administration has issued two rules that are garnering much attention,...more

Fox Rothschild LLP

Employer Who Tries To Contract Its Way Out Of Proper OT Payment In For A Rude Awakening In USDOL Lawsuit

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The U.S. Department of Labor is becoming more aggressive in its enforcement of the Fair Labor Standards Act and this aggressiveness is nowhere better exemplified than in the health care industry, where compliance issues...more

Obermayer Rebmann Maxwell & Hippel LLP

The Department of Labor’s Caregiver Wage Initiative May Fall Short of Its Goal Unless It Also Focuses on The Funding Provided to...

On November 23, 2021, the Department of Labor’s Wage and Hour Division announced an education, outreach and enforcement initiative to ensure employers pay professional caregivers minimum wage and overtime in accordance with...more

Littler

Labor and Employment Issues Facing the Healthcare Industry

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Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

Seyfarth Shaw LLP

DOL Issues Opinion Letter Providing Guidance On The Legality Of Certain Non-Traditional Pay

Seyfarth Shaw LLP on

Seyfarth Synopsis: The DOL issued an opinion letter approving a pay model where an employer in the home health field payed its employees at an hourly rate for time spent with patients without additional hourly pay for time...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

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

Seyfarth Shaw LLP

DOL Enforcement of Domestic Service Home Care Worker Employment Compliance Begins November 12, 2015

Seyfarth Shaw LLP on

The U.S. Department of Labor (DOL), due to pending litigation, had not begun to enforce the Fair Labor Standards Act (FLSA) final rule on protections relating to most home care workers, which rules had an effective date of...more

Sheppard Mullin Richter & Hampton LLP

Home Care Associations Seek Stay by SCOTUS of New Wage-and-Hour Rules, As the Effective Date of DOL Wage-and-Hour Regulations...

Recently, the D.C. Circuit Court of Appeals ruled in Home Care Association of America, et al. v. Weil, that the Department of Labor’s (“DOL”) regulations about the inapplicability of certain statutory exemptions for...more

Bond Schoeneck & King PLLC

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

Poyner Spruill LLP

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

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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

Parker Poe Adams & Bernstein LLP

DOL Announces Delay to Home Care Worker Wage Regulations

Last October, the federal Department of Labor’s Wage and Hour Division sent shockwaves through the home health care industry by issuing final rules declaring most of its employees to be subject to FLSA minimum wage and...more

Holland & Knight LLP

New Department of Labor Rule to Limit Live-In Employees Eligible for Exempt Status

Holland & Knight LLP on

The Fair Labor Standards Act (FLSA) has long provided an exemption for overtime wages to employees engaged in "companionship services," such as in-home caretakers who sleep at their patients' homes. Recently, however, the...more

Smith Anderson

eTrends - DOL Announces Final Rule for Home Health Care Workers

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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

Faegre Drinker Biddle & Reath LLP

Minimum Wage and Overtime Provisions to be Extended to Home Health Care Workers

On September 17, 2013, the United States Department of Labor announced a final rule which will extend the Fair Labor Standards Act’s minimum wage and overtime provisions to home health care workers. Some two million home...more

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