Authored by Gena B. Usenheimer
As we previously reported, this past August, the D.C. Circuit Court of Appeals upheld the Department of Labor’s Final Rule imposing sweeping changes to the former companionship exemption under the Fair Labor Standards Act. The group of home care associations that challenged the scope of the new regulations in court recently asked the U.S. Supreme Court to delay the Rule’s implementation date, pending disposition of their yet to be filed petition of certiorari. On Tuesday, the Supreme Court denied that request. The Court’s refusal to stay implementation of the Final Rule does not impact its ability to ultimately accept certiorari, once a petition is filed.
Absent some other form of immediate intervention, the Circuit Court’s ruling upholding the regulations will take effect on October 13, 2015. According to its website, the DOL will not begin enforcing the Final Rule for 30 days, or until November 12. Nevertheless, the DOL’s delayed enforcement does not extend to private plaintiffs, who are free to bring claims any time after October 13.