- Posted December 25, 2014
- Tweet This | Share on Facebook
Wage boost for some home workers gets struck down
![](/Content/LegalNews/images/article_db_image1.jpg)
By Sam Hananel
Associated Press
WASHINGTON (AP) - A federal judge on Monday struck down Labor Department regulations that would have meant higher pay for some home health care workers.
U.S. District Judge Richard Leon said part of the rules approved last year conflict with federal law that has long exempted third-party providers of in-home care for the elderly and disabled from complying with minimum wage and overtime laws.
President Barack Obama had announced the rules in 2011 as part of his effort to boost the economy and help about 2 million home care workers without going through Congress. They are set to go into effect next year.
But the home care industry trade groups sued, arguing that higher wages would destabilize the industry and make it tougher for families to afford care for aging parents.
Worker advocacy groups had pushed for the higher wages, saying many home care workers live at or below the poverty level.
Under the ruling, home care agencies and other third-party employers can to continue denying minimum wage and overtime pay to workers who provide primarily "fellowship and protection" as opposed to more extensive care.
The ruling also means that workers who live in their clients' homes and are employed by home care agencies are not eligible for overtime pay.
Leon said that the exemption enjoyed by third-party care providers for the past 40 years "is not an open question" that the Labor Department can change through rules "to effectively rewrite the exemption out of the law."
Labor officials are not certain how many of the 2 million home care workers would still be eligible for overtime and minimum wage under the new rules. The rest of the rules remain intact, but other challenges from the industry are still pending.
Labor Department spokesman Carl Fillichio said the agency strongly disagrees with the decision and is considering an appeal.
Published: Thu, Dec 25, 2014
headlines Oakland County
- Whitmer signs gun violence prevention legislation
- Department of Attorney General conducts statewide warrant sweep, arrests 9
- Adoptive families across Michigan recognized during Adoption Day and Month
- Reproductive Health Act signed into law
- Case study: Documentary highlights history of courts in the Eastern District
headlines National
- SCOTUSblog founder Tom Goldstein accused of transferring millions in cryptocurrency after tax indictment
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- Florida lawyer accused of stalking another attorney, texting rap songs with threatening lyrics
- Wisdom Through Face Paint: Documentary examines Juggalo gang allegations by DOJ
- No. 42 law firm by head count could face sanctions over fake case citations generated by ChatGPT
- Judge apologizes to slain jogger Ahmaud Arbery’s family after tossing charges against district attorney