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FLSA Home Care Rule - Final Court Decision

01/15/15

Home Care Rule Court Decision (Update)

Yesterday, D.C. District Court Judge Richard Leon struck down the Department of Labor’s definition of companionship services under the new Home Care Rule in Home Care Association of America v. Weil, Civil Action No. 14-967 (D.D.C.).  When combined with his December 22nd decision invalidating the third party regulation under the Rule, the new Home Care Rule has been invalidated in its entirety.

The Department of Labor has said it is considering whether or not to appeal the decision and has 60 days within which to file an appeal if desired.  It is important to note that this is a decision by a district court.  If the Department of Labor appeals this decision, as it likely will, a court of appeals will review it and could either affirm or reverse all or part of the district court’s decision.

If appealed, there likely will not be a final decision for at least several months. The district court’s order “vacating” the rule means that the Home Care Rule is not in effect.

NRCPDS hosted the webinar, What's Next for the FLSA Home Care Rule, in order to help stakeholders understand the implications of the Court Decision; the webinar provides a review of the latest litigation and its impact on stakeholders.  

Click here to listen to the webinar, or click here for the webinar slides. 

As well, the full decision can be found at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2014cv0967-32.