News & Analysis as of

Unpaid Overtime Department of Labor (DOL) Health Care Providers

Franczek P.C.

11th Circuit "Tweaks" Test For Whether Interns Are Employees

Franczek P.C. on

If you are a regular reader of this blog, you are probably familiar with the six-factor test that the U.S. Department of Labor uses to determine whether an intern should be considered an employee for purposes of the Fair...more

Sherman & Howard L.L.C.

Another Blow to Intern Test

The DOL’s six-factor test for determining “employee” status for interns or trainees under the FLSA took another blow last Friday, this time from the Eleventh Circuit in Schumann v. Collier Anesthesia, PA (11th Cir. Sept. 11,...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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Littler

D.C. Circuit Ruling Means DOL’s Home Care Rule May Soon Go Into Effect

Littler on

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld the United States Department of Labor’s (“DOL’s”) Home Care Rule and reversed the lower court’s decisions vacating the...more

Seyfarth Shaw LLP

How Healthcare Employers Can Navigate the New White-Collar Overtime Rules: Further Transition Presents Opportunities

Seyfarth Shaw LLP on

The Department of Labor’s proposed revisions to the Fair Labor Standards Act’s overtime exemptions will impact the American workplace as much as any legal development in the past decade. Healthcare employers - whether in the...more

K&L Gates LLP

Pennsylvania Issues Regulations Under Excessive Overtime in Health Care Act

K&L Gates LLP on

On July 19, 2014, the Pennsylvania Department of Labor and Industry published new regulations to implement certain provisions of the Prohibition of Excessive Overtime in Health Care Act, 43 P.S. §§ 932.1 to 932.6 (the "Act")....more

Littler

Department of Labor Eliminates the Minimum Wage and Overtime Exemption for Most Home Care Aides

Littler on

On September 17, 2013, the Department of Labor's Wage and Hour Division (DOL) announced a final rule eliminating the Fair Labor Standard Act's (FLSA) minimum wage and overtime exemption for home care workers employed by home...more

FordHarrison

Healthcare Industry Legal Alert: The Companionship Exemption For Agency Employed Home Care Workers May End As Early As This Month....

FordHarrison on

It has been reported that the Department of Labor (DOL) will issue a rule this month revising its regulations to eliminate the Fair Labor Standards Act's (FLSA) companionship exemption for agency-employed home care workers. ...more

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