We Count on Home Care
Important information regarding recent Home Care litigation in the U.S. District Court of D.C.
Following D.C. District Court Judge Richard Leon’s December 22, 2014 opinion and order in Home Care Association of America v. Weil, Civil Action No. 14-967 (D.D.C.), vacating the third party regulation amended by the Home Care Final Rule, plaintiffs in the lawsuit filed a motion requesting a temporary stay of the rule’s other major change, the revised definition of “companionship services” at 29 CFR 552.6.
On December 31, 2014, Judge Leon issued a temporary restraining order staying the revised definition for 14 days, until January 15, 2015, in order to consider plaintiffs’ motion. The Court will hold a hearing regarding a preliminary injunction on Friday, January 9, 2015.
The Department stands by the rule and is opposing plaintiffs’ motion.
As we previously stated after the December 22nd ruling, the Final Rule’s extension of minimum wage and overtime protections to most home care workers is the right policy—both for those employees, whose demanding work merits these fundamental wage guarantees, and for recipients of services who deserve a stable and professional workforce allowing them to remain in their homes and communities.
