DOL to Delay Enforcing Domestic Service Rule

Last Friday, the U.S. Department of Labor (DOL) announced that it will not enforce the rule that extends minimum wage and overtime protection to most home-care workers until 30 days after an appeals court issues a mandate overturning a lower court’s conflicting ruling.

The rule covers all home-care workers, including live-in workers, who are employed by a third party such as a home health-care agency as well as those employed directly by the patient or his or her family.

The U.S. District Court for the District of Columbia gutted the rule in December of 2014 and in January of this year. The U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s ruling last month, holding that the lower court erred in finding the DOL overstepped its authority.

In a statement, the DOL said it will not bring enforcement actions against any employer for violating the rule until 30 days after the appeals court issues a mandate making its opinion effective.