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.
You can find more information regarding the Department of Labor Rule by visiting their website for
Domestic Service Final Rule Frequently Asked Questions (FAQs).