DOL Policy Statement Delays (Government) Enforcement of Home Care Overtime Rule
In response to pressure from state governments and others fearing the increased cost of home care services, the Department of Labor announced Tuesday that it would delay its own enforcement of the new rule requiring that previously-exempt “companions” receive minimum wage and overtime. The DOL’s Policy Statement stated that the DOL would not enforce the new rule for the first six months of 2015, then exercise “prosecutorial discretion” in addressing enforcement for another six months, until 2016. Importantly, however, the Policy Statement did not delay the effective date, which remains January 1, 2015. Industry employers still must implement appropriate compliance measures due to the concern of private litigation, and press ahead with all industry lobbying efforts seeking modification or reversal of this new rule.