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DOL Agrees to 30-Day Grace Period on Enforcement of the Home Care Final Rule

Wage & Hour Alert
September 15, 2015

On Friday, the U.S. Department of Labor (DOL) announced that it will not enforce the Final Rule eliminating the companionship and live-in domestic service exemptions for “third-party” providers” until 30 days after the U.S. Court of Appeals for the D.C. Circuit’s decision from August 21, 2015, becomes effective.

Still, the date on which the DOL will begin to enforce the Final Rule remains uncertain. As previously reported, on August 21, 2015, the D.C. Circuit unanimously affirmed the validity of the Final Rule. The DOL has previously made clear that it will not begin enforcement of the Final Rule until the D.C. Circuit issues a mandate (in this case, by default, the mandate would issue 52 days after the D.C. Circuit decision). But the DOL has now filed an application to expedite the issuance of the mandate and simultaneously promised not to enforce the Final Rule until 30 days thereafter. Meanwhile, the home care industry litigants that challenged the Final Rule have applied for a stay of the mandate until the Supreme Court decides whether to hear an appeal of the case.

We will keep you apprised of developments in this case as they become available. Please contact any one of our attorneys should you have questions about the Final Rule’s requirements or your wage and hour compliance.