companionship exemption

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.
Continue Reading DOL’s New Companionship Exemption to Take Effect on October 13

Co-authored by Gena Usenheimer and Jade Wallace

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 Court of Appeals for the District of Columbia upheld the DOL’s proposed regulations. Assuming no
Continue Reading Home Health Care Agencies Feeling Sick After Friday’s Circuit Court Ruling

Co-authored by Gena B. Usenheimer and Jade Wallace

The close of 2014 presented a host of potential problems for home health care providers.  As a result of new Department of Labor (“DOL”) regulations changing the federal “companionship” exemption from overtime and minimum wage requirements, many home health care agencies have been bracing themselves for significant changes to their
Continue Reading Home Health Care Agencies Find Companion in Federal Court

Authored by Alex Passantino

On Thursday, the Department of Labor will publish in the Federal Register a notice announcing a limited duration non-enforcement policy regarding the Wage & Hour Division’s companionship services regulation.  The final rule was published more than a year ago and has an effective date of January 1, 2015.

The operational challenges faced by employers as a
Continue Reading DOL Ties Its Own Hands—and Only Its Own Hands—on Companionship Services

Authored by Alex Passantino

Yesterday, the U.S. Department of Labor’s Wage & Hour Division announced its final rule regarding the application of minimum wage and overtime requirements to companionship services.  This rule — which was proposed nearly two years ago, has engendered a fair share of controversy as it dramatically redraws the playing field with respect to these workers at
Continue Reading Hold On To Your Socks (Literally): DOL Issues Final Rule on Companionship Services

Department of Labor.jpgAuthored by Alex Passantino

Today, the Department of Labor’s Wage and Hour Division (WHD) announced that it would soon be publishing a Notice of Proposed Rulemaking regarding the companionship exemption from the Fair Labor Standards Act.  Among other changes, the Department will propose to limit the exemption to companions employed only by the family or household using the services.  The

Continue Reading Department of Labor’s Wage and Hour Division Proposes to Limit FLSA’s Companionship Exemption