Minimum Wage

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The U.S. Court of Appeals Upholds Minimum Wage and Overtime Protections for Home Care Workers


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The U.S. Court of Appeals Upholds Minimum Wage and Overtime Protections for Home Care Workers

Aiste Palskyte*

On August 21, 2015, in Home Care Ass’n of America v. Weil, 799 F.3d 1084 (D.C. Cir. 2015), the U.S. Court of Appeals for the District of Columbia Circuit upheld the Department of Labor (DOL) rule extending the Fair Labor Standard Act’s (FLSA) minimum wage and overtime provisions to third-party-agency home care employees.  With the rule expected to come into effect in January 2016, approximately two million home care workers will qualify for FLSA minimum wage and overtime protections.  Charlie Sabatino & Caroleigh A. Newman, The New Status of Home Care Workers Under the Fair Labor Standards Act, 36 Bifocal 130, 130 (2015).  The rule, promulgated by the DOL in 2013, made a few important changes: it revised and narrowed the definition of “companionship services,” and limited the parties who could claim the “companionship services” and “live-in domestic services” exemptions.  Sabatino & Newman, supra, at 131–32. (more…)