Supreme Court Appeal on Overtime Lawsuit Moves Forward: NAHC Calls for Medicaid Information to Assist in Appeal
December 4, 2015 11:34 AM
The Petition for Writ of Certiorari in the National Association for Home Care & Hospice (NAHC) challenge to the validity of the U.S. Department of Labor (DoL) rules governing overtime compensation under the “companionship services” and “live-in domestic services” exemptions under the Fair labor Standards Act (FLSA) has been docketed at the Supreme Court. The formal docketing of the appeal starts the clock for the filing of briefs by DoL and any amicus curiae (“friends of the court”) supporters of the parties.
The deadline for the DoL response to the Petition is December 24, 2015. However, it is expected that DoL will seek permission from the Court to delay its response for 30 days. That is fairly much a “standard operating procedure” for federal agencies and their counsel, the U.S. Department of Justice.
Amicus briefs supporting NAHC’s position are also due on December 24. Presently, NAHC has commitments from several disability advocacy groups and a coalition of state Medicaid programs. These inputs are very important to the case in helping to establish the public importance of the issues presented that warrant Supreme Court review. Given that the Court only accepts a handful of cases each year for consideration on the merits, amicus play a crucial role in advising the Court on which cases to take.
With respect to the disability advocacy groups, NAHC is pulling together a nationwide status report on the actions or inactions by state Medicaid programs in response to the October 13 effective date of the new overtime obligations for workers providing personal care services. Information gathered to date indicates that most states have done nothing to address the new costs under the rule, leaving recipients of Medicaid-funded personal care at risk of care disruptions and inadequate care funding. The amicus brief to be filed by these organizations will emphasize the immediate risks that persons with disabilities face due to inadequate state Medicaid program action.
To aid in the development of the Medicaid information, NAHC requests that providers of Medicaid services along with state home care associations submit whatever information that is publicly available of a state’s action plan or inaction related to the overtime compensation obligation to Bill Dombi, firstname.lastname@example.org.
With the timetable triggered by the Court’s docketing of the Petition, a decision on whether the Court will hear the case is likely in February or March. If the Court chooses to hear the appeal, that hearing would should be scheduled prior to the close of the June 2016 term of the Court.