The U.S. Court of Appeals won’t delay — or speed up — enforcement of its ruling that extends Fair Labor Standards Act (FLSA) protections to about 1.9 million home care workers.
 
The court on Sept. 18 denied competing motions involving the companionship exemption. The National Association for Home Care & Hospice (NAHC) and two other associations had sought the delay in enforcement of the appeals court’s Aug. 21 ruling, while the Labor Department wanted enforcement prior to Oct. 13.
 
The associations plan to file a petition asking the U.S. Supreme Court to hear an appeal, said Bill Dombi, NAHC’s vice president for law.
 
Meanwhile, NAHC’s next step is to ask the Supreme Court for a stay, Dombi tells HHL. That request would go Chief Justice John Roberts.
 
For now, agencies should continue to follow rules that previously had been in place. But agencies should prepare now to start paying overtime. The appeals court’s Aug. 21 decision in Labor’s favor is slated to take effect Oct. 13 — unless the U.S. Supreme Court grants a delay in enforcement.