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Minimum Wage › Over-Time › Home Health Care

Littler

DOL Proposes Rule to Reinstate Companionship & Live-in Exemptions from Minimum Wage and Overtime for Third-Party Employers

Littler on

On July 2, 2025, the U.S. Department of Labor’s Wage and Hour Division issued a proposed rule that would reinstate the Fair Labor Standards Act’s (FLSA) minimum wage and overtime exemption for home care workers employed by...more

Seyfarth Shaw LLP

DOL Issues Opinion Letter Providing Guidance On The Legality Of Certain Non-Traditional Pay

Seyfarth Shaw LLP on

Seyfarth Synopsis: The DOL issued an opinion letter approving a pay model where an employer in the home health field payed its employees at an hourly rate for time spent with patients without additional hourly pay for time...more

Fisher Phillips

Establishing FLSA-Compliant Practices In The Home Companionship And Home Care Industry

Fisher Phillips on

It is hard to believe that it has been three years now since the federal Fair Labor Standards Act’s (FLSA) “companionship” exemption was strictly limited to direct-hire caregivers engaged in a narrower scope of activities,...more

Littler

Supreme Court Declines Review of D.C. Circuit’s Decision Upholding DOL Home Care Rule as Regulatory and Litigation Focus on Home...

Littler on

On June 27, 2016, the U.S. Supreme Court denied the plaintiffs’ petition for a writ of certiorari in Home Care Association of America v. Weil, leaving the U.S. Department of Labor’s (“DOL”) Home Care Rule intact. The Home...more

Seyfarth Shaw LLP

DOL Enforcement of Domestic Service Home Care Worker Employment Compliance Begins November 12, 2015

Seyfarth Shaw LLP on

The U.S. Department of Labor (DOL), due to pending litigation, had not begun to enforce the Fair Labor Standards Act (FLSA) final rule on protections relating to most home care workers, which rules had an effective date of...more

Sheppard Mullin Richter & Hampton LLP

Home Care Associations Seek Stay by SCOTUS of New Wage-and-Hour Rules, As the Effective Date of DOL Wage-and-Hour Regulations...

Sheppard Mullin Richter & Hampton LLP on

Recently, the D.C. Circuit Court of Appeals ruled in Home Care Association of America, et al. v. Weil, that the Department of Labor’s (“DOL”) regulations about the inapplicability of certain statutory exemptions for...more

Bond Schoeneck & King PLLC

D.C. Circuit Court of Appeals Upholds USDOL’s Revised Regulations on the “Companionship Exemption” Under the FLSA

Bond Schoeneck & King PLLC on

On August 21, the United States Court of Appeals for the District of Columbia Circuit upheld the U.S. Department of Labor’s revisions to the “companionship exemption” under the Fair Labor Standards Act, and reversed two...more

Constangy, Brooks, Smith & Prophete, LLP

Appeals Court Agrees with DOL: Home Health Care Workers Employed by Third Parties Have a Right to Minimum Wage, Overtime

Constangy, Brooks, Smith & Prophete, LLP on

Domestic service workers providing either companionship service or live-in care for elderly, ill or disabled persons and who are employed by a staffing agency or other third-party employer are entitled to minimum wage and...more

Poyner Spruill LLP

Happy New Year from the DC District Court - Companionship Exemption Lives On!! - EndNotes February 2015

Poyner Spruill LLP on

Home care patients, caregivers and the entire home care community celebrated a huge victory to kick off 2015. The U.S. District Court for the District of Columbia (DC court) vacated the U.S. Department of Labor’s (DOL’s)...more

FordHarrison

U.S. DOL's Final Rule Limiting Domestic Services Imposes Heavy Burden On Household Direct Hires

FordHarrison on

Individuals and families who for years have directly employed domestic workers to care for elderly or ill family members will see their labor costs increase dramatically beginning January 1, 2015. Under the U.S. DOL's Final...more

Baker Donelson

Employers Must Pay Minimum Wage and Overtime to Home Care Workers They Jointly or Solely Employ

Baker Donelson on

Many groups that have lobbied for change as it relates to home care aides seem to have received some victory. Specifically, the Labor Department announced a Final Rule on September 17, 2013 that extends overtime and wage...more

Mintz - Employment, Labor & Benefits...

Companions No More: U.S. Department of Labor Extends Minimum Wage and Overtime Protections to Home Health Care Workers

Mintz - Employment, Labor & Benefits... on

Beginning on January 1, 2015, the Fair Labor Standards Act will extend its minimum wage and overtime protections to nearly all home health care workers. This changes the playing field for an estimated two million workers who...more

Smith Anderson

eTrends - DOL Announces Final Rule for Home Health Care Workers

Smith Anderson on

The United States Department of Labor (DOL) Wage and Hour Division issued a final rule on September 17, 2013 that will extend the minimum wage and overtime protections of the Fair Labor Standards Act to in-home workers who...more

Morgan Lewis

Most Home Care Workers to Be Entitled to Minimum Wage and Overtime

Morgan Lewis on

The U.S. Department of Labor’s final rule extending the minimum wage and overtime requirements to most home care workers becomes effective January 1, 2015. ...more

Baker Donelson

Employers of Home Care Workers to Begin Paying Overtime in January 2015

Baker Donelson on

On September 17, 2013, the United States Department of Labor issued a final rule, extending the protections of the Fair Labor Standards Act to home health care workers who provide care for the sick, disabled or elderly,...more

Fisher Phillips

Major Changes To Home Companionship Exemption Announced

Fisher Phillips on

On September 17, the U.S. Labor Department (DOL) announced that it will be issuing a final rule that will bring significant changes to the “companionship” exemption in the federal Fair Labor Standards Act’s Section 13(a)(15)....more

Akerman LLP - HR Defense

Minimum Wage And Overtime Pay Extended To Certain Direct Home Care Workers

Akerman LLP - HR Defense on

On September 17, 2013, the U.S. Department of Labor's Wage and Hour Division announced a final rule extending the Fair Labor Standards Act's minimum wage and overtime protections to cover certain direct care workers such as...more

Faegre Drinker Biddle & Reath LLP

Minimum Wage and Overtime Provisions to be Extended to Home Health Care Workers

Faegre Drinker Biddle & Reath LLP on

On September 17, 2013, the United States Department of Labor announced a final rule which will extend the Fair Labor Standards Act’s minimum wage and overtime provisions to home health care workers. Some two million home...more

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