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In a pair of published opinions, raising novel employment issues in this Circuit, the Third Circuit Court of Appeals addressed the test for determining whether a “temporary” worker is an…
Continue Reading Third Circuit Espouses Fact-Sensitive Inquiries in Considering Joint Employer Liability and Compensation for Meal Periods: What Employers Can Do to Brighten the Lines

We previously wrote a Client Alert about the Department of Labor’s (DOL) new regulations that were poised to eliminate the exemption from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime provisions for certain home-health care workers. As expected, the new regulations were met with significant pushback from certain home care employers and industry associations, including a federal lawsuit led by the Home Care Association of America challenging the legality of the regulations [Home Care Association of America v. Weil, Case No. 14-cv-0967 (D.D.C.)]. That lawsuit was effectively decided last week when the U.S. District Court for the District of Columbia issued its second opinion, ruling against the DOL and vacating the portions of the new regulations that would have made more than 90 percent of home care workers eligible for overtime pay.
Continue Reading Federal Judge Vacates DOL’s New Companionship Exemption Regulations

This Alert discusses the U.S. Department of Labor (DOL) Wage and Hour Division’s recently published final rule, which significantly changes the scope of the Fair Labor Standards Act’s (FLSA) “companionship…
Continue Reading DOL Publishes Final Rule Eliminating Exemption to FLSA’s Minimum Wage and Overtime Provisions for Home-Healthcare Workers