Bloomberg Law for HR Professionals is a complete, one-stop resource, continuously updated, providing HR professionals with fast answers to a wide range of domestic and international human resources...
The term companionship services is ambiguous, and while Congress explicitly delegated to the Labor Department the authority to define the term, “that does not grant it a blank check to do so in a way that contradicts the Act itself,” the court said.
“Although Congress has not defined the outer bounds of companionship services, it has spoken on the precise issue presented here, which is whether that definition must include, in a meaningful way, the provision of care. The answer is yes. There are ambiguities in the statute, but this is not one of them,” the opinion said, noting that “Congress is the appropriate forum in which to debate and weigh the competing financial interests in this very complex issue,” not agency regulations.
The Labor Department said it strongly disagrees with both orders and is considering its legal options, according to information posted on the Labor Department's home-care website.
The final rule was to take effect Jan. 1 but was stayed until Jan. 15 to allow the court to consider the association's challenge to the rule's revised companionship-services definition following the court's Dec. 22, 2014, ruling that vacated another element of the final rule that would have excluded third-party employers, such as home-care agencies, from an exemption from the Fair Labor Standards Act's minimum wage and overtime pay requirements.
For more information, see Compensation and Benefit Library's “FLSA: Determining Coverage” chapter.
To contact the reporter on this story: Christine Pulfrey in Washington at mailto:email@example.com
To contact the editor on this story: Michael Baer at mailto:firstname.lastname@example.org
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)