January 19, 2021

Volume XI, Number 19

Advertisement

January 18, 2021

Subscribe to Latest Legal News and Analysis

U.S. Supreme Court Declines to Review DOL Home Care Rule

On Monday, June 27, 2016, the U.S. Supreme Court declined to review a D.C. Circuit Court of Appeals decision upholding the new U.S. Department of Labor’s (DOL) requirement that home care providers pay the federal minimum wage and overtime to home care workers.  As we previously discussed, on August 21, 2015, the D.C. Circuit in Home Care Association of America v. Weil affirmed the validity of the Home Care Final Rule, which eliminated a long-existing prior regulation and barred third-party employers from claiming minimum wage and overtime exemptions for home care workers.

The U.S. Supreme Court’s decision not to grant review ends any hope that home care providers had that the implementation of the new regulation might be reversed. Accordingly, all home care providers should make sure that they are paying home care workers at least the federal minimum wage and overtime as well as any additional amounts required under state and local laws. Because Medicare, Medicaid and other government programs typically pay only at a flat hourly rate for home care services, providers will be forced to absorb the costs of any overtime or limit the number of hours home care providers work to avoid overtime costs.

Advertisement
©2020 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume VI, Number 183
Advertisement

TRENDING LEGAL ANALYSIS

Advertisement
Advertisement

About this Author

Denise Merna Dadika, Epstein Becker Green, Discrimination Policy Attorney, Employee Relations Lawyer
Member

DENISE MERNA DADIKA is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm's Newark office.

Ms. Dadika:

  • Represents employers in state and federal courts and before administrative agencies on issues involving harassment, discrimination, retaliation, breach of employment contracts, wage and hour compliance, tort claims, and restrictive covenants

  • Counsels employers on day-to-day workplace issues, including...

973-639-8294
Brian Steinbach, Labor Attorney, Epstein Law Firm
Senior Attorney

BRIAN STEINBACH is a Senior Attorney in the Labor and Employment practice, in the firm's Washington, DC, office.

Mr. Steinbach's experience includes:

  • Advising clients on and litigating employment, labor, disabilities, non-compete, confidentiality, benefits, wage and hour, and general litigation matters before the courts, arbitrators, and administrative agencies at the federal and state level

  • Representing and advising clients in Sarbanes-Oxley and other...

202-861-1870
Advertisement
Advertisement