Fair Labor Standards Act Update Regarding Home Care Workers

Fair Labor Standards Act Update Regarding Home Care Workers

Article by Nancy Mullett

On October 7, 2014, the United States Department of Labor announced that it would delay enforcement of its new rules designed to narrow the companionship exemption for home care workers under the Fair Labor Standards Act (FLSA), previously scheduled to begin January 1, 2015.

The new rules extend minimum wage and overtime protections to direct care workers, which are the same protections, provided to most U.S. workers, including those who perform the same work in nursing homes.

Although the effective date for the home care final rule will remain January 1, 2015, the Department of Labor will not bring enforcement actions against any employer who fails to comply with the new Fair Labor Standards Act obligations. Moreover, during the second half of 2015, July 1, 2015 to December 31, 2015, the Department of Labor will decide whether to bring enforcement action on a case by case basis, giving strong consideration to the extent to which states and other entities have made good faith efforts to bring their home care programs into FLSA compliance.

 

Posted on November 24, 2014
Tagged as Labor & Employment Law