The home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants...

A recent federal court decision has added to the confusion surrounding the application of the U.S. Department of Labor's (DOL) "home care" overtime rule and New York's "13-hour" rule ...

As we reported earlier this month, the New York State Department of Labor ("NYDOL") issued an amendment, effective October 6, to its Minimum Wage Order for Miscellaneous Industries and Occupations ...

A pair of New York state appellate decisions has serious implications for employers that offer 24-hour home care for clients by ruling that sleep and meal periods must be included in the hourly wages...

As Littler reported in March of 2015, a New York Supreme Court, Kings County Justice found that sleep and meal periods must not be excluded from the hourly wages of a home attendant who does not reside in the home of his or her client...

Illinois companies employing domestic workers who employ more than 15 employees or more should review their postings and handbooks to ensure compliance with the notice requirements in the IHRA.

On June 27, 2016, the U.S. Supreme Court denied the plaintiffs' petition for a writ of certiorari in Home Care Association of America v. Weil, leaving the U.S. Department of Labor's ("DOL") Home Care Rule intact.

The D.C. Circuit's mandate issued on October 13, 2015, and in accordance with the mandate, District Court Judge Richard Leon entered summary judgment in favor of the DOL on October 20, 2015.

The plaintiffs await a decision from the United States Supreme Court on whether it will review the D.C. Circuit's decision.

On August 21, 2015, the U.S. Court of Appeals for the D.C. Circuit upheld the U.S. Department of Labor's (DOL) Home Care Rule and reversed the lower court's decisions vacating the new rule. On October 6, 2015, the U.S. Supreme Court denied the home care industry coalition's application to stay the effective date of the new rule pending its filing of a petition for certiorari.

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld the Department of Labor's Home Care Rule.

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld the United States Department of Labor's Home Care Rule and reversed the lower court's decisions vacating the new Rule.

Therefore, home care agencies operating in New York are at risk of copy-cat litigation and should be diligent with their pay practices.

On Thursday, January 22, 2015, the U.S. Department of Labor (DOL) appealed the U.S. District Court for the District of Columbia's two orders that vacated both major provisions of the DOL's Home Care Rule.

The U.S. District Court for D.C. vacated the DOL's new rule that purported to narrow the definition of "companionship services" exempt from overtime under the Fair Labor Standards Act.