On December 31, 2014, the U.S. District Court for the District of Columbia issued a Temporary Restraining Order (TRO) preventing a U.S. Department of Labor (DOL) rule that defines the “companionship services” exemption from overtime compensation under the Fair Labor Standards Act from taking effect on January 1, 2015. The TRO follows an earlier ruling that restored the rights of homecare consumers to benefit from the “companionship services” and “live-in” exemptions regardless of whether the workers are employed by the person receiving the care or a homecare company. This new ruling is seen as a victory for homecare and hospice, giving our most vulnerable citizens a temporary reprieve from an increase in the cost of care. While the TRO is in effect, homecare companies can continue to pay homecare aides and personal care attendants without added overtime compensation except where the state law requires it. The next hearing is set for January 9, 2015.
Click here to see our previous blog on the rule.
Click here to read more from NAHC.