Philadelphia employers now face more investigations and stiffer punishment under a new law the mayor approved last week. The POWER Act, signed on May 27 and taking effect immediately, adds sweeping worker protections...more
The Domestic Worker Bill of Rights (California Assembly Bill 241 and Senate Bill 1015), enacted in 2013, is a California law that grants overtime pay rights to personal attendants who were not previously entitled to overtime...more
The New Jersey Domestic Workers’ Bill of Rights (S723/A822), one of three laws signed in early January relating to protecting immigrants and part of the Murphy administration’s larger effort to build a more inclusive state...more
Someone who works in the home of their employer as a nanny or in another domestic service role is exempt from the Fair Labor Standards Act (FLSA) wage requirements, right? Not according to Blanco v. Samuel, a recent 11th...more
On December 14, 2021, San Francisco’s Board of Supervisors unanimously passed legislation providing domestic workers with paid sick leave – the first of its kind in the United States. The ordinance, called “Domestic Workers’...more
As 2021 quickly comes to a close, we look back at this year’s legislative session, which included several employment-related bills signed by Governor Gavin Newsom, including bills aimed at prohibiting quotas that interfere...more
Yesterday, the Department of Labor issued temporary regulations regarding the “health care provider” exemption to employer-provided paid time off and paid leave under the Families First Coronavirus Response Act (“FFCRA”)....more
Taking a page out of New York City’s book to address the estimated 36 percent of workers in Westchester County, New York, who lack paid sick leave benefits, in October 2018 the Westchester County Board of Legislators passed...more
On March 26, 2019, the New York Court of Appeals upheld the state Department of Labor’s (the “DOL”) so-called “13-hour rule” governing payment of home health care aides that work 24 hour shifts....more
New York’s vast home care industry and those who rely on their services breathed a sigh of relief on March 26, 2019, when the New York Court of Appeals gave providers the green light to continue to pay home care aides for 13...more
The day most anxiously anticipated (or dreaded) by the vast home care industry in New York has arrived, and a huge sigh of relief from home care agencies and New Yorkers who rely on their services can be heard across the...more
Yesterday the New York Court of Appeals issued its long-awaited decision on 24-hour shift home health aides who work as “sleep-in” workers....more
The new Parental Bereavement (Leave and Pay) Act 2018, which was enacted on September 13 and will come into effect in 2020, grants parents who experience the loss of a child under 18 or a stillbirth after 24 weeks of...more
The home health care industry suffered a major setback on September 26, 2018, when the New York Supreme Court, New York County, ruled that the New York State Department of Labor's (NYDOL) emergency rulemaking amendment to the...more
On July 27, 2018, Seattle Mayor Jenny Durkan signed into law the Domestic Worker Ordinance (“the DWO”). Effective July 1, 2019, the ordinance is expected to impact approximately 33,000 domestic workers in Seattle. ...more
Seyfarth Synopsis: Seattle has long been at the forefront of progressive labor policies. Take, for example, its 2014 Minimum Wage Ordinance, which made it the first major city in the nation to increase wages to $15 an hour. ...more
The home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are...more
Last week, in two long-awaited decisions, the New York State Appellate Division, Second Department ruled that home care workers who worked 24-hour shifts, commonly referred to as “live-in” shifts, were required to be paid for...more
In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that...more
On December 22, 2014, in Home Care Association of America v. Weil, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and...more
A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime...more
On April 1, 2015, a new statute took effect in Massachusetts governing the employment of certain household workers. Known as the “Domestic Workers’ Bill of Rights,” this new law applies many traditional Massachusetts...more