Department of Labor

Department of Labor Final Rule

On December 22, 2014, Judge Richard Leon of the U.S. District Court for the District of Columbia entered a Memorandum Opinion in Home Care Association, et al. v. David Weil, et al., Case No. 14-CV-967 regarding the DOL Final Rule (concerning HCBS direct service workers). In the Memorandum Opinion, the Judge granted the Plaintiffs’ Motion for Partial Summary Judgment and vacated the DOL’s third-party employer regulation, promulgated in 78 Fed. Reg. 60,557 and to be codified at 29 C.F.R. § 552.109. In practical terms, this opinion means that if a direct service worker otherwise qualifies as a companion or live-in employee under the regulation, then third-party joint employers can still claim an exemption to the new DOL Final Rule.
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You can find more information regarding the Department of Labor Rule by visiting their website.