Appeals Court Reinstates Wage Rules for Home Care Workers
August 21, 2015
Federal Appeals Court Reinstates Wage Rules for Home Care Workers
Since 1974, federal law has exempted home care workers hired through third-party staffing agencies from minimum wage and overtime requirements. In 2013, the Department of Labor (DOL) announced new regulations that would remove that exemption. Earlier this year, a federal district judge invalidated the regulations after finding that the DOL had overstepped its authority. Today, however, a panel of federal appellate judges has reinstated those regulations. The three-judge panel concluded that the Fair Labor Standards Act gave the DOL authority to determine which in-home care services are exempt from minimum wage and overtime protections.
SESCO recommends that clients review all applicable policy and practices to ensure compliance. For assistance contact us at 423-764-4127 or by email at sesco@sescomgt.com.
