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As we previously reported, this past August, the D.C. Circuit Court of Appeals upheld the Department of Labor's Final Rule imposing sweeping changes to the former companionship exemption under the Fair Labor Standards Act.
As we
previously reported, this past August, the D.C. Circuit Court
of Appeals upheld the Department of Labor's Final Rule imposing
sweeping changes to the former companionship exemption under the
Fair Labor Standards Act. The group of home care associations that
challenged the scope of the new regulations in court recently asked
the U.S. Supreme Court to delay the Rule's implementation date,
pending disposition of their yet to be filed petition of
certiorari. On Tuesday, the Supreme Court denied that request. The
Court's refusal to stay implementation of the Final Rule does
not impact its ability to ultimately accept certiorari, once a
petition is filed.
Absent some other form of immediate intervention, the Circuit
Court's ruling upholding the regulations will take effect on
October 13, 2015. According to its website, the DOL will not begin enforcing
the Final Rule for 30 days, or until November 12. Nevertheless, the
DOL's delayed enforcement does not extend to private
plaintiffs, who are free to bring claims any time after October
13.
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