By Kate McGovern Tornone, Editor
The U.S. Supreme Court has chosen not to review the decision of the D.C. Circuit Court of Appeals regarding U.S. Department of Labor’s (DOL) regulations that expand Fair Labor Standards Act (FLSA) protections for home care workers.
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DOL in 2013 issued new FLSA regulations withdrawing a minimum wage and overtime exemption for certain home care employees employed by third-party providers. The change affected live-in domestic service workers and workers who provide domestic companionship services.
The Home Care Association of America challenged the new rule in the U.S. District Court for the District of Columbia, alleging that it was inconsistent with Congress’ intent in crafting the FLSA and also arbitrary and capricious. The district court agreed and kept the rules from taking effect in 2015 as scheduled.