News & Analysis as of

Unpaid Overtime Home Health Agencies

Cozen O'Connor

Taking Care of the Caretakers: New York AG Recovers Millions in Wages for Home Care Aides

Cozen O'Connor on

New York AG Letitia James reached a settlement with home care health agencies Intergen Health, LLC and Amazing Home Care Services, LLC (collectively “Agencies”) to resolve allegations that they failed to pay appropriate wages...more

FordHarrison

DOH Reverses Position on Overtime Pay Under The Wage Parity Act

FordHarrison on

On November 2, 2015, the NYS Department of Health ("DOH") issued important notices affecting the wage and overtime obligations of New York City and Nassau, Suffolk, and Westchester County home care agencies....more

Epstein Becker & Green

Five Recent Developments in Labor and Employment Law That Health Care Employers Need to Know

Epstein Becker & Green on

Recent actions by federal agencies and courts will have a direct impact on employers in the health care industry. While still wrestling with the changes wrought by the Affordable Care Act, health care employers will now need...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

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

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

Robinson & Cole LLP

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

Robinson & Cole LLP on

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

Akerman LLP - HR Defense

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

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

Bond Schoeneck & King PLLC

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Constangy, Brooks, Smith & Prophete, LLP

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

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