Overtime Lawsuit Update: Headed for the U.S. Supreme Court
The challenge to the validity of the Department of Labor (DOL) rule changes on overtime compensation for home care aides is on its way to the U.S. Supreme Court. However, there is a short stop before the actual Supreme Court filings take place.
In order to protect the interests of home care consumers, workers, and providers, the National Association for Home Care & Hospice (NAHC) and its co-plaintiffs have asked the Court of Appeals to stay its August ruling until such time as the Supreme Court can decide whether it will hear the appeal. A stay is needed to prevent the rule changes from prematurely taking effect. Based on the appellate process, the rules are expected to take effect on October 13 barring no intervening court actions.
NAHC and its co-plaintiffs filed a Motion for Stay on September 8 arguing that stakeholders in the rule will be irreparably harmed if the rule goes into effect while the matter is pending review at the Supreme Court. In its briefs, the plaintiffs also argue that there is a substantial question for the Supreme Court to hear and that it is probable that the court will accept the appeal for review. Supreme Court review is discretionary rather than guaranteed.
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