A D.C. federal court judge has vacated the part of the Department of Labor rule that would have eliminated the companionship exemption to minimum wage and overtime rules for home care workers.
“I cannot help but conclude that Congress’s intent in 1974 to exempt from minimum wage and overtime wage requirements domestic workers providing services, including care to the elderly and disabled, is still as clear today as it was forty years ago,” the judge said in the Dec. 14 ruling. “Here, yet again, the Department is trying to do through regulation what must be done through legislation.”
“This decision is a huge victory,” said Denise Schrader, chair of the National Association for Home Care & Hospice Board. NAHC and partner groups waged the lawsuit against the rule, and won earlier concessions in the case (see Eli’s HCW, Vol. XXIV, No. 1).
Expect an appeal from the DOL, experts say. “The home care community is prepared to defend this case before the higher court,” NAHC’s Val Halamandaris says in the release.