The U.S. Supreme Court recently declined to hear a case from a lower court’s decision to uphold a new rule that requires home healthcare worker to be paid overtime, which means this rule will stay in place.
In Home Care Association of America v. Weil, the D.C. Circuit Court upheld the Labor Department’s 2013 decision to change the definition of “companionship services” and “domestic service employment,” meaning that third-party employers shall pay overtime when a “domestic service employee” is hired as a “companionship service provider” for elderly and disabled people that are unable to care for themselves. Prior to this decision, these third-party employers were exempt from providing overtime.
The home healthcare industry argued that this decision will raise the costs of care, making care less attainable for the people who need it, but advocates for the employees argue that it only applies to workers employed by third-party employers, such as agencies and it will help the employees, the industry and also the patients.
To read the Home Care Association of America v. Weil case, http://caselaw.findlaw.com/us-dc-circuit/1711489.html
Sunni DiNicola is an Associate at Lardiere McNair, LLC. To read more about our firm, please visit www.lawyerscolumbusohio.com.
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