DOL Will Enforce Home Care Worker Rules Starting Nov. 13
This week, U.S. Supreme Court Chief Justice John Roberts signed an order denying a request from home care industry groups to delay the Department of Labor (DOL) rules requiring minimum wage and overtime protections for home care workers, thus ending the legal battle opponents of the rule launched last year. DOL has announced that it will begin enforcing the rule on November 13.
Initially, the October 2013 final rule was set for implementation on January 1, 2015, but the home care industry filed a lawsuit challenging the final rule in June 2014. This January, a ruling from the District Court vacated several key provisions in the final rule. In August, however, a unanimous decision from the U.S. Appeals Court for the District of Columbia upheld the final rule. Because the U.S. Supreme Court denied a request to vacate the final rule, it takes effect 52 days after the Appeals Court decision, which is November 12. DOL has announced that it will exercise discretion in enforcement activities through the end of the year, but that all programs must be in compliance by January 1, 2016.