Court Rejects Competing Motions in Overtime Lawsuit: Request for Stay to be Filed with U.S. Supreme Court
On late Friday, September 18, 2015, the U.S. Court of Appeals for the District of Columbia Circuit denied NAHC’s pending Motion to Stay and the Department of Labor (DOL) Motion to Expedite the judgment that reinstates the overtime compensation rules affecting home care aide services. NAHC and its co-plaintiffs are now preparing to file a request to the U.S. Supreme Court to put the challenged rules on hold until the Court has the opportunity to consider whether it wants to hear the appeal on its merits. If the stay is not granted by the Supreme Court, it is expected that the “companionship services” and “live-in domestic services” rules that change the standards for exemption from overtime compensation will go into affect on October 13.
The Court of Appeals rejected the competing motions in a “per curiam” opinion, a summary decision by the three judges that heard the case in the original DOL appeal. No explanation is given in a per curiam judgment; it offers only the outcome of the ruling.
The next step in the litigation is a request for a stay directed to the U.S. Supreme Court. Such request is heard by Chief Justice Roberts as he is assigned reviews of emergency motions involving decisions from the U.S. Court of Appeals for the District of Columbia Circuit.
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