Court Makes its way into Summary Judgment in support of Department of labor home based Care Rule Challenge
Within an order dated October 20, 2015, pursuant towards the D.C. Circuit’s mandate released on October 13, 2015, U.S. District Court Judge Richard Leon joined summary judgment in support of the U.S. Department at work (Department of labor) home based Care Association of the usa v. Weil. Within this situation, the U.S. Court of Appeals for that District of Columbia Circuit upheld the DOL’s Homecare Rule, which, amongst other things, prevents third-party companies of homecare “companions” or live-in caregivers for that seniors and disabled from availing themselves from the historical legal exemptions in the federal Fair Labor Standards Act’s minimum wage and/or overtime needs.
As the Department of labor has indicated it’ll delay enforcement of the house Care Rule until November 12, 2015, and can exercise “prosecutorial discretion” before the finish of the season, this reprieve offers no respite from the Plaintiffs’ Bar, that will depend around the date of Judge Leon’s order-or possibly the October 13 issuance from the mandate-because the effective date of the house Care Rule.
The plaintiffs await a choice in the U . s . States Top Court on whether or not this will evaluate the D.C. Circuit’s decision.