The DOL’s Final Rule providing many home care workers protections under the Fair Labor Standards Act (FLSA) including the right to minimum wage and overtime is moving forward for implementation. While the rule was to become effective January 1, 2015, an association of providers of home care services challenged the rule in court in 2014. The Rule was not implemented during a lower court duel. After the U.S. Court of Appeals for the District of Columbia upheld the rule in favor of the DOL, the association of home care workers sought a stay with the U.S. Supreme Court. Yesterday the request for a stay was denied without opinion. It remains to be seen whether the Supreme Court will hear the underlying case. In the meantime, the DOL will move forward with a phased implementation over the remainder of the year.
The Court of Appeals decision can be read at: