D.C. Federal Court Vacates Regulation Excluding Third-Party Employers from the FLSA Companionship and Domestic Services Exemption

In a significant blow to the efforts of the U.S. Department of Labor (DOL) to exclude third-party employers from the companionship and domestic services exemption to the FLSA’s overtime and minimum wage requirements, the U.S. District Court for the District of Columbia today struck down the portions of the regulation applicable to third-party employers.  In Home Care Association of America v. Weil, the court reviewed the DOL’s revised regulation as applied to third-party employers and held it “not only disregard[ed] Congress’s intent, but seize[d] unprecedented authority to impose overtime and minimum wage obligations in defiance of the plain language” of the FLSA.  Accordingly, the court granted the Home Care Association’s motion for summary judgment and vacated that portion of the regulation. Continue reading this entry at Littler's Healthcare Employment Counsel.

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