In a second ruling on the Labor Department’s companionship regulation, U.S. District Court Judge Richard Leon in Washington, D.C., stayed Labor’s new definition of companionship services as limited to “fellowship” services, with no more than 20% of the home support worker’s time spent on personal care or housekeeping tasks.
 
As announced Dec. 31 b y the National Association for Home Care &  Hospice (NAHC), Judge Leon will consider a request by the three plaintiffs in the suit challenging  the rule – NAHC, the Home Care Association of America and the International Franchise Association – on whether the Labor definition should be enjoined. A hearing on the injunction is scheduled for Jan. 9.
 
In a Dec. 22 opinion, the judge ruled that Labor exceeded its authority when it declared that under its rule only home support workers employed directly by the person who needs their help or by family members acting as the employer can be exempt from the overtime requirement.  If upheld, the earlier decision means private duty agencies would continue to be exempt from the overtime payments.