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DOL Appeals Judge’s Decision on Home Care Rule

January 23, 2015

The U.S. Department of Labor (DOL) filed an appeal to the U.S. Court of Appeals for the D.C. Circuit on January 22 in Home Care Association of America v. Weil, the home care industry associations’ lawsuit that challenges the DOL’s new rule that extends basic labor protections to  home care workers.

On January 14, U.S. District Court Judge Richard Leon issued an opinion that vacated the new DOL rule that narrowed the definition of companionship.

Judge Leon had already vacated another part of the rule on December 22. This provision prohibited third party payers from claiming the companionship exemption, regardless of the type of assistance their workers provide.

Expedited Appeal Granted

On January 27, the U.S. Court of Appeals for the D.C. Circuit granted DOL an expedited appeal in Home Care Association of America v. Weil.

“We believe the Rule is legally sound and is the right policy—both for those employees, whose demanding work merits these fundamental wage guarantees, and for recipients of services, who deserve a stable and professional workforce allowing them to remain in their homes and communities,” a DOL statement said.

For more information on the new rule, including affidavits from several organizations in support of fair pay for home care workers, visit PHI’s Campaign for Fair Pay website.

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— by Deane Beebe

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