You may still be doing your happy dance over the recent federal court ruling vacating the elimination of the companionship services exemption (see Eli’s HCW, Vol. XIV, No. 3).
You have good reason, notes law firm Hall Render in analysis of the decision. “For now, you can continue to rely upon the companionship services exemption,” the Indianapolis firm says. “This is extremely important because many patients were either going to see a reduction in services or have to become used to seeing a number of new, unfamiliar caregivers. Many of your employees will be quite thrilled as it will allow them to continue to work the hours they had been working, which was not the case a month ago.”
But the battle is far from over. “Although this is extremely good news, please stay tuned, because the [Department of Labor] can appeal this ruling, and this may only be the first round of protracted litigation,” the firm urges.