Late this morning, (10-6-15) Chief Justice Roberts of the U.S. Supreme Court denied the request for a Stay of the mandatory overtime ruling upheld by the D.C. Court of Appeals.  What this means is that on or about October 13, 2015, all companion and live-in workers employed by home care companies and agencies will be entitled to receive minimum wage and overtime pay based on their hours worked each week.

The U.S. Department of Labor has issued a policy that it will not seek to enforce the overtime pay requirements until 30 days after the final rule is implemented, which will be November 13, 2015.  DOL has further stated that it will use “prosecutorial  discretion” in enforceing the overtime pay requirements through December 31, 2015 for agencies that can show good-faith compliance efforts.

Home Care companies need to move forward in complying with the minimum wage and overtime requirements.

The Plaintiffs, HCAOA, NAHC, and IFA, are evaluating further options.  Stay tuned to Leading Home Care Report for details.