News & Analysis as of

Home Healthcare Workers Over-Time

Obermayer Rebmann Maxwell & Hippel LLP

The Department of Labor’s Caregiver Wage Initiative May Fall Short of Its Goal Unless It Also Focuses on The Funding Provided to...

On November 23, 2021, the Department of Labor’s Wage and Hour Division announced an education, outreach and enforcement initiative to ensure employers pay professional caregivers minimum wage and overtime in accordance with...more

K&L Gates LLP

Employment Law in the Health Care Industry: 2019 Year in Review

K&L Gates LLP on

2019 brought continuing changes to employment law issues affecting the health care industry. The following Alert — prepared by K&L Gates’ collaborative team of employment lawyers dedicated to serving health care industry...more

Seyfarth Shaw LLP

DOL Issues Opinion Letter Providing Guidance On The Legality Of Certain Non-Traditional Pay

Seyfarth Shaw LLP on

Seyfarth Synopsis: The DOL issued an opinion letter approving a pay model where an employer in the home health field payed its employees at an hourly rate for time spent with patients without additional hourly pay for time...more

Fisher Phillips

Establishing FLSA-Compliant Practices In The Home Companionship And Home Care Industry

Fisher Phillips on

It is hard to believe that it has been three years now since the federal Fair Labor Standards Act’s (FLSA) “companionship” exemption was strictly limited to direct-hire caregivers engaged in a narrower scope of activities,...more

Littler

Back to the Future: California Employment Bills Likely to Resurface in 2018

Littler on

As discussed in a prior article, unsuccessful bills proposed in the California legislature in 2017 can carry over into the 2018 session. State lawmakers may revive measures that did not make it through both chambers of the...more

Littler

Illinois Becomes Seventh State to Expand Employment Rights to Domestic Workers

Littler on

On August 21, 2016, Illinois Governor Bruce Rauner signed into law the Illinois Domestic Workers’ Bill of Rights, amending four existing state employment laws so they will now apply to domestic workers. Effective January 1,...more

Littler

Supreme Court Declines Review of D.C. Circuit’s Decision Upholding DOL Home Care Rule as Regulatory and Litigation Focus on Home...

Littler on

On June 27, 2016, the U.S. Supreme Court denied the plaintiffs’ petition for a writ of certiorari in Home Care Association of America v. Weil, leaving the U.S. Department of Labor’s (“DOL”) Home Care Rule intact. The Home...more

Constangy, Brooks, Smith & Prophete, LLP

DOL’s Home Care Rule goes live.

Yesterday the U.S. Department of Labor began enforcement of its Home-Care Rule, which prohibits third-party employers from taking advantage of the overtime exemption for some domestic workers. The rule also narrows the...more

Proskauer - Law and the Workplace

Supreme Court Denies Stay of DOL’s Home Care Rule

On December 22, 2014, in Home Care Association of America v. Weil, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and...more

Sheppard Mullin Richter & Hampton LLP

Home Care Associations Seek Stay by SCOTUS of New Wage-and-Hour Rules, As the Effective Date of DOL Wage-and-Hour Regulations...

Recently, the D.C. Circuit Court of Appeals ruled in Home Care Association of America, et al. v. Weil, that the Department of Labor’s (“DOL”) regulations about the inapplicability of certain statutory exemptions for...more

Mintz - Employment, Labor & Benefits...

Update on the Fight Over the Companionship and Live-In Domestic Worker FLSA Exemptions: Final Rule Set to Go Into Effect on...

A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime...more

Hinshaw & Culbertson LLP

DOL Delays Expansion of Home Health Care Worker Benefits

Last month, we highlighted a revival of Department of Labor (DOL) rules expanding overtime and minimum wage coverage to home health care workers. At the time, it appeared likely that the decision in Home Care Association of...more

McCarter & English, LLP

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service...more

Bond Schoeneck & King PLLC

D.C. Circuit Court of Appeals Upholds USDOL’s Revised Regulations on the “Companionship Exemption” Under the FLSA

On August 21, the United States Court of Appeals for the District of Columbia Circuit upheld the U.S. Department of Labor’s revisions to the “companionship exemption” under the Fair Labor Standards Act, and reversed two...more

Seyfarth Shaw LLP

Change to FLSA Companionship Exemption Extends Minimum Wage and Overtime Protections to Home Health Care Aides

Seyfarth Shaw LLP on

After almost fourteen months of legal challenges, the U.S. Department of Labor has emerged victorious in its attempt to modify the FLSA’s companionship exemption. On August 21, the U.S. Court of Appeals for the D.C. Circuit...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

Zelle  LLP

That is SO last week - August 2015 #4

Zelle LLP on

We’ve been talking potential bias in big data for some time now, and last week’s news was full of concerns about just that. The New York Times Upshot Blog interviewed a Microsoft computer scientist on the subject; NBC News...more

Parker Poe Adams & Bernstein LLP

DOL Announces Delay to Home Care Worker Wage Regulations

Last October, the federal Department of Labor’s Wage and Hour Division sent shockwaves through the home health care industry by issuing final rules declaring most of its employees to be subject to FLSA minimum wage and...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide