U.S. Court of Appeals Affirms Home Health Care Rule providing minimum wage, overtime protections

On October 9, 2015 the Chief Justice of the United States John Roberts denied an application to stay a decision by the U.S. Court of Appeals for the District of Columbia Circuit upholding the U.S. Department of Labor’s Home Care Final Rule. The court’s Aug. 21, 2015, decision will take effect on Oct. 13, 2015 as a result. In response, U.S. Secretary of Labor Thomas E. Perez issued the following statement:

“We are pleased with today’s order. The final rule is not only legally sound; it was the right thing to do. It will ensure fair wages for the nearly two million home care workers who provide critical services, and it will help ensure a stable and professional workforce for people who need those services.

“The department has led an unprecedented implementation program to help employers prepare for compliance, including offering an extensive and individualized technical assistance program, providing a 15-month period before the effective date, and adopting a time-limited non-enforcement policy.” – US Labor Secretary Thomas E. Perez

Now most direct care workers will be entitled to receive federal minimum wage and overtime pay protections.

Direct care workers are workers who provide home care services, such as certified nursing assistants, home health aides, personal care aides, caregivers, and companions.

The Department of Labor will not begin enforcement of the final rule before Nov. 12, 2015, 30 days after the U.S. Court of Appeals decision takes effect. In keeping with the time-limited non-enforcement policy announced in October 2014 — between Nov. 12 and Dec. 31, 2015 — the department will exercise its prosecutorial discretion in determining whether to bring enforcement actions, giving strong consideration to the extent to which states and other entities have made good faith efforts to bring their home care programs into compliance.

The Department of Labor has repeatedly encouraged states and other employers to take steps toward thoughtful implementation. It will continue to stand ready to provide technical assistance to states and other entities as they implement the final rule.

Source: DOL |  2015 © Copyright Payroll Masters

This document has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please contact your employment attorney in connection with any fact-specific situation in which you intend to take significant employment action. Readers agree that they will not hold Payroll Masters in indemnity and Payroll Masters assumes no liability. Payroll Masters is not engaged in rendering legal or accounting services. Therefore, Payroll Masters assumes no responsibility for claims arising from the use or implementation of the above information.