Looks like a major wage dispute has reached the Supreme Court. “Provider associations have asked the U.S. Supreme Court to decide once and for all whether the Department of Labor can extend wage and overtime protections to home care workers.
In August, the U.S. Court of Appeals for the District of Columbiareversed lower court decisions, and said the DOL can indeed mandate that home care workers receive the same overtime and minimum wage protections as other workers. Previously, home care workers had been subject to a “companionship exemption.”
The rule took effect in October and enforcement began earlier this month, but there has been one last legal recourse remaining: taking the case to the Supreme Court.
Almost immediately after the August ruling out of the D.C. appeals court, the National Association for Home Care & Hospice (NAHC) and the Home Care Association of America (HCAA) said they would seek Supreme Court review. First, they asked the high court to stay the rule, but that was unsuccessful. On Nov. 18, they officially filed a petition for writ of certiorari. The Supreme Court now has the discretion to accept or reject the petition.”
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