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Home Healthcare Workers Appeals Home Health Care

BakerHostetler

A Welcome Sea Change For Employers Defending FLSA Collective Action Cases

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A major change in Fair Labor Standards Act (FLSA) wage and hour jurisprudence has taken place, with BakerHostetler at the helm. In Clark, et al. v. A&L Home Care & Training Center, the Southern District of Ohio conditionally...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Littler

Second Circuit Sends Home Care Worker’s Putative Class Claims to Union Arbitration on an Individual Basis

Littler on

On July 2, 2019, the U.S. Court of Appeals for the Second Circuit handed a significant victory to New York’s home care industry.  In Abdullayeva v. Attending Home Care Services, the appellate court reversed a lower court’s...more

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

New York’s Highest Court Upholds 13-Hour Rule for Payment of Live-in Home Health Aides

In two recent companion cases, Andryeyeva v. New York Health Care, Inc. and Moreno v. Future Care Health Services, Inc., the New York Court of Appeals upheld the New York State Department of Labor’s (NYSDOL) 13-hour rule for...more

Farrell Fritz, P.C.

Home Health Care Aides Working Twenty-Four Hour Shifts Can Be Paid For Thirteen Hours If Employer Meets Sleep and Meal Time...

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Home health care aides working twenty-four hour shifts can be paid for as little as thirteen hours under certain conditions, according to a March ruling from the New York Court of Appeals in Andryeyeva v. New York Health...more

Proskauer - Law and the Workplace

N.Y. Court of Appeals Delivers Wage and Hour Victory to Home Care Industry Employers

On March 26, 2019, New York’s highest court delivered a victory for employers in the home care industry, clarifying that employers need only compensate home health aides for 13 hours of a 24-hour shift, provided the employees...more

Littler

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

Littler on

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

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

California Court of Appeal Finds That In-Home Caregivers May Be Employees of Placement Agencies

In Duffey v. Tender Heart Home Care Agency, LLC, the California Court of Appeal for the First District addressed whether an in-home caregiver was an independent contractor or employee. Reversing a trial court order dismissing...more

Littler

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

Littler on

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

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

Franczek P.C.

Many Home Companionship Workers No Longer Exempt

Franczek P.C. on

Agencies and other third-party employers of live-in household employees and home companionship providers, take note: the long-delayed regulations reclassifying many of these workers as non-exempt employees entitled to minimum...more

FordHarrison

24-Hour Shift Cases: Now Far Too Costly To Service?

FordHarrison on

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

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

Home Health Care Agencies, DOL Continue to Wrangle Over FLSA Regs Effective Date

As we previously reported, on August 21, 2015, 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 (DOL) regulations extending the...more

Fisher Phillips

USDOL Delays Its "Companionship", "Live-In Domestic" Enforcement

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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

Constangy, Brooks, Smith & Prophete, LLP

Appeals Court Agrees with DOL: Home Health Care Workers Employed by Third Parties Have a Right to Minimum Wage, Overtime

Domestic service workers providing either companionship service or live-in care for elderly, ill or disabled persons and who are employed by a staffing agency or other third-party employer are entitled to minimum wage and...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

Fisher Phillips

Companionship Exemption Changes In Effect

Fisher Phillips on

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

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

Robinson & Cole LLP

Health Law Pulse - February 2015

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On January 23, 2015, the United States Department of Labor (DOL) filed a notice of appeal with the United States Court of Appeals for the District of Columbia (District Court) challenging two rulings in the case of Home Care...more

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