FLSA Conditional Certification Denied in NYS for 5,000 Home Care Workers

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Federal Judge Vacates USDOL’s New Definition of Companionship Services Under Final Rule

Written by Stephen E. Zweig.

1/14/2015

This afternoon Judge Richard Leon of the U.S. District Court, District of Columbia, issued a decision vacating the U.S. Department of Labor’s Final Rule on Domestic Service Employees. He reasoned that: the DOL exceeded its authority by promulgating a rule that essentially defined the “companionship services” exemption out of existence as applied to the vast majority of home care employers and, by so doing, contravening Congress’ intent with regard to the exemption. Judge Leon’s decision concluded “the Department is trying to do through regulation what must be done through legislation.”

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