The U.S. Court of Appeals for the District of Columbia Circuit ruled that the Labor Department has the authority to extend overtime and minimum wage protections to numerous nation’s home care workers.
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A federal judge had tossed out the new administration rules earlier this year, but the appeals court reversed that ruling.
A new federal court decision has cleared the way for home aides in California and around the country to begin receiving overtime pay for their work.
Laphonza Butler, who represents thousands of home care workers as a leader in the Service Employees worldwide Union, welcomed the court ruling. But U.S. District Judge Richard Leon issued a decision vacating the change in January, saying the DOL doesn’t have authority to redefine the loophole it was trying to close, known as the companionship exemption.
In 2013, the Department of Labor (DOL) announced that it would make changes to the Fair Labor Standards Act so that this workforce, who care for the elderly and disabled in their homes, would be guaranteed the same labor protections as all other workers. Professionals employed by third-party agencies had increasingly become the ones providing residential care over workers hired directly by care recipients and their families.
William Dombi, vice president for law at the National Association for Home Care, said industry officials were still studying the decision and considering their options, including a possible appeal to the Supreme Court.
“Low pay leads to burnout and high turnover and compromises care, which in turn create economic strains on the home care system”.
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– This story was updated at 1:42 p.m.
