NSCLC Update on Minimum Wage and Overtime for Home Care Workers

The National Senior Citizens Law Center (NSCLC) has sent out the latest news on pending (but delayed) implementation of new rules affecting payment of wages for many home care workers.  Here is the helpful update from NSCLC: 

“A U.S. federal district court has struck down new rules that would have applied Fair Labor Standards Act standards, like payment of minimum wage and overtime, to most Medicaid home care providers.  Historically, many personal care providers and other in-home assistants have been exempted from federal labor laws under the ‘companionship services’ exemption.  

The US Department of Labor is likely to appeal the decision to the D.C. appellate court, so a final decision on the validity of the expanded FLSA regulations will take some time.  In the meantime, however, the new regulations, which were supposed to start on January 1, 2015, will not take effect.  Unless a state chooses otherwise, home care providers’ wages and hours will stay the same.  For more details about the court decisions or the rule, visit http://www.dol.gov/whd/homecare/ or contact Hannah Weinberger-Divack.”