The Department of Labor (DOL) is back in court today trying to win a reversal of a federal district judge’s ruling that overturned the agency’s attempt to bypass the 1974 minimum-wage exemption for home care workers who are placed by third-party employment agencies.
In January, District Judge Richard Leon threw out the agency rule that redefined “domestic service employment” and “companionship services,” which had exempted home care workers from minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA). The two phrases and the exemption were further protected by a 1974 federal statute, which the DOL had hoped to regulate around.
Today DOL representatives are appearing before the U.S. Circuit Court of Appeals for the District of Columbia to argue for a reversal of the judge’s ruling that blocked their effort to provide minimum wage and overtime protection to home care workers placed by employment agencies. (Home care workers hired directly remain exempt.)
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