Overtime Lawsuit: Supreme Court Update
Crucial support has emerged in the efforts to invalidate the new Department of Labor (DoL) rules that trigger overtime pay obligations for home care aide services. An “amicus curiae” brief has been filed by a collaborative of states along with a second brief submitted by two national disability rights organizations urging the U.S. Supreme Court to hear the lawsuit brought by the National Association for Home Care & Hospice (NAHC) and other home care associations challenging the validity of the new DoL rules affecting the “companionship services” and “live-in domestic services” exemptions under the Fair Labor Standards Act (FLSA). These supporting briefs are important in that the Supreme Court decides to hear cases on the basis of whether the issues presented have significant public importance.
The state brief explains that the new rules have great impact on the public health program, Medicaid, and the states that fund that program. The brief from the disability rights groups focuses on the negative impact on persons with disabilities caused by the rules that increase care costs, but do not require increased funding support.
The Attorney Generals from Kansas, Arizona, Arkansas, Georgia, Michigan, Nevada, North Dakota, Oklahoma, Texas, Utah, Wisconsin, and Wyoming joined together. Their brief argues that the new rules impose “a new and unforeseen unfunded liability on the States.” Further, the brief states that “the new rule both vastly expands the States’ financial liability for such programs and necessarily undermines their sovereignty without any statement—much less a ‘clear statement’—of congressional intent to impose such a result.”
:: Read Full Article