by Judith E. Kramer
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Get Your Report Now!November 12 marks the date the U.S. Department of Labor (DOL) will begin enforcing regulations extending the minimum wage and overtime protections of the Fair Labor Standards Act (FLSA) to almost two million home healthcare workers who are employed by third parties and provide either companionship services or live-in care for the elderly, ill, or disabled.
The DOL issued the regulations on October 1, 2013, but a federal district court held them invalid. Then the U.S. Court of Appeals for the District of Columbia Circuit disagreed, holding on August 21, 2015, that they are a reasonable interpretation of the FLSA.
The DOL announced it wouldn’t bring enforcement actions against any employer for violations of the FLSA resulting from the amended domestic service regulations for 30 days after the date the court of appeals issued a mandate making its opinion effective.
Also, from November 12 through December 31, 2015, the DOL said it will exercise prosecutorial discretion in determining whether to bring enforcement actions, “with particular consideration given to the extent to which States and other entities have made good faith efforts to bring their home care programs into compliance with the FLSA since the promulgation of the Final Rule.”
For more information on the home healthcare rule, see the November issue of Federal Employment Law Insider.
Judith E. Kramer is an attorney with Fortney & Scott, LLC, in Washington, D.C. She can be reached at jkramer@fortneyscott.com.