The Labor Department has appealed federal district court decisions invalidating the department’s rules in favor of overtime compensation for personal care.
 
On Dec. 22, 2014 and Jan. 14, 2015, the lower court agreed with the National Association for Home Care and Hospice (NAHC) and other plaintiffs that Labor Department regulations would restrict the application of the "companionship services" and "live-in domestic services" exemptions under the Fair Labor Standards Act.
 
The lower court vacated rules scheduled to take effect on January 1, 2015, thereby continuing the overtime exemption standards in place since 1975.
 
NAHC says an appeals court decision on the lower court ruling isn’t likely until June. In the meantime, home care providers that employ workers that fit the longstanding definition of "companionship services" are not obligated to pay minimum wage or overtime compensation unless there is an overriding state law that grants them to the workers, NAHC says.