In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that...more
8/23/2016
/ Class Action ,
Class Certification ,
Collective Actions ,
Conditional Certification ,
Corporate Counsel ,
Domestic Workers ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Home Health Care ,
Home Healthcare Workers ,
Unpaid Overtime ,
Wage and Hour
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
8/4/2016
/ Companionship Exemptions ,
Department of Labor (DOL) ,
Domestic Workers ,
Fair Labor Standards Act (FLSA) ,
Healthcare ,
Home Health Care ,
Home Healthcare Workers ,
Minimum Wage ,
Staffing Agencies ,
Unpaid Overtime ,
Wage and Hour
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
Last week, a Manhattan Supreme Court Justice denied a motion to dismiss a class action lawsuit against Chinese–American Planning Council Home Attendant Program, Inc., brought for unpaid wages, overtime, and failing to pay...more
9/22/2015
/ Appeals ,
Class Action ,
Department of Labor (DOL) ,
Domestic Workers ,
Fair Labor Standards Act (FLSA) ,
Home Health Care ,
Home Healthcare Workers ,
NY Supreme Court ,
Rate Parity Agreement ,
Unpaid Overtime ,
Wage and Hour
Under the U.S. Department of Labor's Final Rule on Domestic Service, ("DOL Final Rule") effective January 1, 2015, home care agencies can no longer claim the companionship exemption. As a result, managed care companies may be...more
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