Home Care Rule on Hold after Judge Issues Temporary Stay

January 1, 2015

The extension of minimum wage and overtime to home care workers, scheduled to begin January 1, has been blocked in federal district court.

Following D.C. District Court Judge Richard Leon’s December 22 decision to vacate the third party requirement to pay minimum wage and overtime to home care workers, the plaintiffs in the case, Home Care Association of America, et al. v. David Weil et al., requested a temporary stay of the rule’s other major change, the revised definition of “companionship services.”

On December 31 Judge Leon issued a temporary restraining order staying the revised definition for 14 days, until January 15, 2015, in order to consider plaintiffs’ motion. The Court will hold a hearing regarding a preliminary injunction on Friday, January 9.

Support for Fair Pay

The following affidavits have been submitted to the court in support of fair pay:

As a result of the judge’s ruling, employers are no longer required to meet the new minimum wage, overtime, and travel time compensation standards beginning January 1.

In its statement concerning the judge’s decision, the U.S. Department of Labor noted “it stands by the rule and is opposing plaintiffs’ motion.”

"As we previously stated after the December 22nd ruling, the Final Rule’s extension of minimum wage and overtime protections to most home care workers is the right policy -- both for those employees, whose demanding work merits these fundamental wage guarantees, and for recipients of services who deserve a stable and professional workforce allowing them to remain in their homes and communities," the DOL statement continued.

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