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October 8, 2015
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Shortly after receiving an appeal from the Home Care Association of America about the rule from the Department of Labor (DOL) extending overtime and minimum wage protections to home care workers associated with third-party employers, U.S. Chief Justice John Roberts said no.
Not only did he say no, but he said it with no explanation.
Thus the ruling by the D.C. Circuit Court of Appeals validating the DOL wage and overtime rule will go into effect on Oct. 13, next Tuesday.
However, the DOL has said it will not enforce the ruling for 30 days, so no enforcement will begin before Nov. 12.
Additionally, the department said it “will exercise prosecutorial discretion in determining whether to bring enforcement action” through the end of 2015.
Prior to the Obama DOL final rule, home care workers were exempt from provisions of the Fair Labor Standards Act (FLSA) because of a "companionship exemption" in the legislation. Henceforth, home care workers sent by agencies will be fully covered by the FLSA. Those hired privately will not be affected.
