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Seyfarth Shaw LLP

The Health Care Provider Exemption to Emergency Paid Sick Leave in the Families First Coronavirus Act - Are you Covered?

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Yesterday, the Department of Labor issued temporary regulations regarding the “health care provider” exemption to employer-provided paid time off and paid leave under the Families First Coronavirus Response Act (“FFCRA”)....more

Robinson+Cole Health Law Diagnosis

New York Court of Appeals Upholds Thirteen Hour Rule for Home Health Aide Pay

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On March 26, 2019, the New York Court of Appeals upheld the state Department of Labor’s (the “DOL”) so-called “13-hour rule” governing payment of home health care aides that work 24 hour shifts....more

Littler

NY Court of Appeals Decision Saves the NY Home Care Industry – What’s Next for Home Care Providers?

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New York’s vast home care industry and those who rely on their services breathed a sigh of relief on March 26, 2019, when the New York Court of Appeals gave providers the green light to continue to pay home care aides for 13...more

Littler

A Paramount Reversal Just Saved the NY Home Care Industry

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The day most anxiously anticipated (or dreaded) by the vast home care industry in New York has arrived, and a huge sigh of relief from home care agencies and New Yorkers who rely on their services can be heard across the...more

FordHarrison

NY Court of Appeals Upholds 13 Hours Pay for 24-Hour Shift Home Health Aides

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Yesterday the New York Court of Appeals issued its long-awaited decision on 24-hour shift home health aides who work as “sleep-in” workers....more

Littler

New York Court Nullifies Recent Emergency Amendment Codifying Longstanding "13-Hour Rule" for Home Care Industry

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The home health care industry suffered a major setback on September 26, 2018, when the New York Supreme Court, New York County, ruled that the New York State Department of Labor's (NYDOL) emergency rulemaking amendment to the...more

Seyfarth Shaw LLP

Lessons From The Emerald City: Does Seattle’s New Domestic Worker Standards Board Indicate A Move Towards European Industry-Wide...

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Seyfarth Synopsis: Seattle has long been at the forefront of progressive labor policies. Take, for example, its 2014 Minimum Wage Ordinance, which made it the first major city in the nation to increase wages to $15 an hour. ...more

Littler

Certainty is on the Horizon for the New York Home Care Industry

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The home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are...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...

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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

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

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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

Companionship Exemption Changes In Effect

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The latest twist in the ongoing saga involving the U.S. Department of Labor's changes in its regulatory provisions affecting the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section...more

Seyfarth Shaw LLP

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

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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

FordHarrison

DOL's Final Rule Upheld By D.C. Court Of Appeals

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The D.C. Court of Appeals ruled today that the US Department of Labor's ("DOL") Final Rule on the Application of the Fair Labor Standards Act to Domestic Service (the "Final Rule") is valid, because it is "grounded in a...more

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