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FLSA Home Care Rule - Appeal

02/03/15

Court to Consider Appeal for Expedited Briefing and Hearing Schedule

 

On Thursday, January 22nd, the Department of Labor (DOL) announced that it filed an appeal of Judge Richard Leon's decision in Home Care Association of America v. Weil to the US Court of Appeals for the District of Columbia Circuit.

The Court announced that it will consider the appeal on an expedited briefing and hearing schedule. On the schedule, the earliest possible date for the Court to issue its decision is June, and the more likely date is August or September. The Court can uphold or reverse Judge Leon's decision in whole or in part.

Until the appellate court makes its decision this summer, the new Home Care Rule will remain annulled. However, DOL has advised that it will make no change to its non-enforcement policy. Therefore, if the Court puts all, or even part, of the Home Care Rule back in force, DOL maintains its authority to proceed with enforcement actions using "prosecutorial discretion" if a decision is reached between July 1 and December 31, 2015. If a decision is reached after December 31, 2015, the Rule is not expected to have a non-enforcement period.

 

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