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Home Care Rule Court Decision: Update 2

01/05/15

Home Care Rule Court Decision

On December 31, 2014, the D.C. District Court issued a decision delaying for two weeks implementing the entirety of the new Home Care Rule of the Federal Labor Standards Act. Following that, the US Department of Labor issued a statement that reads, in part:

Following D.C. District Court Judge Richard Leon's December 22, 2014 opinion and order in Home Care Association of America v. Weil, Civil Action No. 14-967 (D.D.C.), vacating the third party regulation amended by the Home Care Final Rule, plaintiffs in the lawsuit filed a motion requesting a temporary stay of the rule's other major change, the revised definition of "companionship services" at 29 CFR 552.6.

On December 31, 2014, Judge Leon issued a temporary restraining order staying the revised definition for 14 days, until January 15, 2015, in order to consider plaintiffs' motion. The Court will hold a hearing regarding a preliminary injunction on Friday, January 9, 2015.

The Department stands by the rule and is opposing plaintiffs' motion. (...) 

The Department is committed to keeping the stakeholder community informed about this critical rule, and we will be in touch after Judge Leon issues an order regarding a preliminary injunction.

This means that until at least January 15, 2015, no portion of the new Home Care Rule is in effect. NRCPDS will issue more information on this court action as it becomes available.

Additional resources for the FLSA Home Care Rule are available on our website 

As always, please contact us with any questions at: info@participantdirection.org