News & Analysis as of

Minimum Wage › Domestic Workers › Fair Labor Standards Act (FLSA)

Jackson Lewis P.C.

A Reminder of Changes to California Workplace Law from 2024

Jackson Lewis P.C. on

As we wrap up 2024, here is a review of some of the changes to California employment law that will continue to affect employers in 2025. Legislative Changes...more

FordHarrison

Individuals, Families, and Households and Those Who Jointly Employ Home Care Workers With Them are All Liable for Unpaid Overtime

FordHarrison on

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

Ward and Smith, P.A.

Big News for the Home Health Industry: Federal Judge Vacates the DOL's Companionship Services Regulations on Minimum Wage and...

Ward and Smith, P.A. on

As 2014 wound to a close, the United States District Court for the District of Columbia issued a significant decision impacting third-party agencies that provide in-home care to the elderly and ailing. On December 22, 2014,...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

Seyfarth Shaw LLP

DOL Enforcement of Domestic Service Home Care Worker Employment Compliance Begins November 12, 2015

Seyfarth Shaw LLP on

The U.S. Department of Labor (DOL), due to pending litigation, had not begun to enforce the Fair Labor Standards Act (FLSA) final rule on protections relating to most home care workers, which rules had an effective date of...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

Proskauer - Law and the Workplace

Supreme Court Denies Stay of DOL’s Home Care Rule

Proskauer - Law and the Workplace on

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

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...

Mintz - Employment, Labor & Benefits... 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

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

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

Akerman LLP - HR Defense

D.C. Circuit Reinstates Home Health Care Regulations

Akerman LLP - HR Defense on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

U.S. DOL's Final Rule Limiting Domestic Services Imposes Heavy Burden On Household Direct Hires

FordHarrison on

Individuals and families who for years have directly employed domestic workers to care for elderly or ill family members will see their labor costs increase dramatically beginning January 1, 2015. Under the U.S. DOL's Final...more

Baker Donelson

Employers Must Pay Minimum Wage and Overtime to Home Care Workers They Jointly or Solely Employ

Baker Donelson on

Many groups that have lobbied for change as it relates to home care aides seem to have received some victory. Specifically, the Labor Department announced a Final Rule on September 17, 2013 that extends overtime and wage...more

Franczek P.C.

What Do You Mean I Have To Pay My Nanny Overtime?!

Franczek P.C. on

As a working mom, I am lucky to have a husband who is a stay-at-home parent. Rarely do I have to worry about being late to work because I have to drop my child off at school, or leaving work early to take my child to an...more

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