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Department of Labor Seeks to Put New FLSA Regulations for Homecare Workers Back on Track

02/27/2015

Last week marked a new battle in the war the U.S. Department of Labor (DOL) has waged against the homecare industry. Appealing two federal court rulings that invalidated new regulations extending minimum wage, overtime and travel time pay to thousands of domestic workers in the homecare industry, the DOL argued that a U.S. Supreme Court decision in 2007 effectively endorsed the DOL’s authority to change the FLSA regulations, that the homecare industry lacked standing to challenge the new “companionship” regulations, and that the new companionship regulations are a reasonable exercise of its “broad general authority” to issue regulations. If successful, the DOL’s appeal would leave the homecare industry with no judicial remedy, other than the U.S. Supreme Court, to challenge these regulations on their merits.

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