NJ Appellate Division Condemns Motion to Dismiss Made on the Day of Trial, in a Medical Malpractice Case, as “Denial of Due Process”
February 1, 2016
NJ Supreme Court Modifies “Roving Wiretap” Provision With a “48 Hour” Reporting Requirement
April 11, 2016
Show all

DC Circuit Court of Appeals Upholds Labor Department’s Ruling on Wage and Hour Rights of Home Healthcare Workers

On August 21, 2015, the DC Circuit Court of Appeals issued a precedential decision, in Home Care Association of America V. Weil, 799 F.3d 1084 (DC Cir. 2015), in a declaratory judgment and injunction action, brought by an association against the Administrator of the Wage and Hour Division of the Department of Labor, that revised regulations implemented in 2013 have brought home care workers within the coverage and protection of FLSA.
 
FLSA Coverage for Domestic Workers
 

The Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., generally requires covered “employers” to pay a minimum wage and overtime compensation at an hourly rate equaling 150% of normal pay for weekly work hours beyond forty. See 29 U.S.C. §§ 206(a), 207(a)(1).

Under the 1974 amendments, the FLSA was clarified to protect employees in “domestic service,” i.e., service in a household. 29 U.S.C. §§ 206(f), 207(l). These “include[] services performed by persons employed as cooks, butlers, valets, maids, housekeepers, governesses, janitors, laundresses, caretakers, handymen, gardeners, footmen, grooms, and chauffeurs of automobiles for family use.” S. Rep. No. 93-690, at 20 (1974); H.R. Rep. No. 93-913, at 35-36 (1974).  READ MORE 

Leave a Reply

Your email address will not be published. Required fields are marked *