Second Circuit Rules Overtime Exemption Does Not Apply To Home Healthcare Workers
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Friday, August 13, 2004 |
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Home care workers employed by home care agencies or other "third parties" are covered by the overtime and minimum wage provisions of the Fair Labor Standards Act and are entitled to overtime pay, according to the U. S. Court of Appeals for the Second Circuit. The federal appeals court for New York, Connecticut and Vermont determined that the long-standing regulations issued by the Department of Labor, which applied the "home care exemption" to home heathcare aides employed by third-party companies or agencies, is unenforceable. The Second Circuit's decision differs from prior rulings of other federal appeals courts that have applied the DOL regulations.
Coke v. Long Island Care At Home, Ltd.
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