With
Daniel Gomez-Sanchez,
Lisa Griffith,
Sanjay V. Nair,
Ira D. Wincott
The home health care industry suffered a major setback on September 26, 2018, when the New York Supreme Court, New York County, ruled that the New York State Department of Labor's (NYDOL) ...
With
Jessie Brown,
Tammy McCutchen,
Theresa Waugh
The Wage and Hour Division of the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) on Friday
With
Lisa Griffith,
Ira D. Wincott
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...
With
Daniel Gomez-Sanchez,
Lisa Griffith,
Ira D. Wincott
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 ...
With
Daniel Gomez-Sanchez,
Lisa Griffith,
Sanjay V. Nair,
Ira D. Wincott
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 ...
With
Lisa Griffith,
Ira D. Wincott
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...
With
Lisa Griffith
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...
With
Melissa McDonagh
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.
With
Mark DeLoach
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.
With
Lucas Deloach
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.
With
Lucas Deloach
The plaintiffs await a decision from the United States Supreme Court on whether it will review the D.C. Circuit's decision.
With
Lucas Deloach
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.
With
Lucas Deloach
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.
With
Maury Baskin,
Lucas Deloach
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.
With
Lisa Griffith
Therefore, home care agencies operating in New York are at risk of copy-cat litigation and should be diligent with their pay practices.
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