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
Today, after a long, contentious process, Thomas E. Perez was confirmed by a party-line vote as the U.S. Secretary of Labor. With a confirmed leader, the Department is now likely to push forward on a number of stalled initiatives, with Secretary Perez, of course, placing his imprimatur on the Department’s enforcement priorities and policy preferences.
Prior
Authored by Alex Passantino
As noted previously on this blog, the U.S. Department of Labor’s Wage and Hour Division recently proposed to limit the application of the Fair Labor Standards Act’s companionship services exemption. After two brief extensions, the period for public comment on the proposal ended last Wednesday, March 21, 2012.
The proposed regulation relates to a 1974