The Department of Labor (DOL) published a Final Rule on October 1, 2013 extending minimum wage and overtime pay protections under the Fair Labor Standards Act (FLSA) to most home care workers (who may have job titles such as home health aide or personal care assistant) who provide essential assistance to people with disabilities and older adults. On August 21, 2015, the U.S. Court of Appeals for the D.C. Circuit issued a decision upholding the Final Rule. On Friday, September 18th from 2:00-3:00pm Eastern Time, senior leadership from the U.S. Department of Labor’s Wage and Hour Division and Office of the Solicitor will hold a webinar to discuss the Home Care Final Rule. Presenters will provide an overview of the Final Rule as well as the Department’s guidance regarding joint employment in domestic service employment under the FLSA and the application of the FLSA to shared living programs. Our comments will address questions we have received from states, including about the home care litigation.
TO REGISTER FOR THE WEBINAR:
Please click https://www.eventbrite.com/e/home-care-final-rule-implementation-webinar-for-states-registration-18538483102 to register for the webinar.
Once you register, you will receive an email with the information you need to access the webinar.
There will be a question and answer period after DOL’s presentation. If you would like to submit a question(s) in advance, please email it firstname.lastname@example.org at your earliest convenience. During the webinar, we will respond to as many questions as possible.
FOR MORE INFORMATION:
Information about the Home Care Final Rule is available athttp://www.dol.gov/whd/homecare/.
Information about the litigation related to the Home Care Final Rule is available at http://www.dol.gov/whd/homecare/litigation.htm.
U.S. Court of Appeals Unanimously Upholds DOL Home Care Rule
|Thank you for your engagement with the Department of Labor’s Wage and Hour Division regarding the Home Care Final Rule.On Friday, August 21, the U.S. Court of Appeals for the District of Columbia issued a unanimous decision upholding the Home Care Final Rule. DOL issued the statement below, which is available on our website at http://www.dol.gov/whd/homecare/litigation.htm
This site will be updated with any changes related to litigation, so please check back for updates.
Today’s decision from the U.S. Court of Appeals for the District of Columbia is vital to nearly two million home care workers, who will now qualify for minimum wage and overtime protections. The decision confirms this rule is legally sound. And just as important, the rule is the right thing to do — both for employees, whose demanding work merits these fundamental wage guarantees, and for recipients of services, who deserve a stable and professional workforce allowing them to remain in their homes and communities.
The DOL has led an unprecedented implementation program to help employers prepare for compliance, including offering an extensive and individualized technical assistance program, providing a 15-month period before the effective date to aid compliance, and adopting a time-limited non-enforcement policy. DOL has repeatedly encouraged states and other employers to take the necessary steps toward implementation. The Department continues to stand ready to provide technical assistance to states and other entities as they implement the Final Rule.
This is a follow up to the DOL emails we sent earlier today. After consideration of the parties’ pleadings, the arguments of counsel and relevant law, and the entire record in this case, plaintiffs’ motion for a partial summary judgment is GRANTED, defendants motion is DENIED, and the Department of Labor’s Third Party Employer regulation scheduled to go into effect on Jan 1, is VACATED. See below for a summary on the decision.
The United States District Court for the District of Columbia has today issued a partial summary judgment on two pieces of a lawsuit filed by the Home Care Association of America and other plaintiffs related to the Department of Labor’s Home Care Rule. Please note that this information is not legal advice, and is shared after a swift and preliminary review of the decision.
The decision notes that after consideration of the parties’ pleadings, the arguments of counsel and relevant law, and the entire record in this case, plaintiffs’ motion for a partial summary judgment is GRANTED, defendants motion is DENIED and the Departments Third Party Employer regulation scheduled to go into effect on Jan 1, is VACATED.
The largest area implicated by this decision is the third party employer regulation, which withdrew the availability of the companionship and live-in caregiver exemptions from third parties.
As you know, the companionship exemption was impacted in two important ways by the Home Care rule. First, the rule established that the companionship services exemption is not applicable when the employee spends more than 20 percent of his or her workweek performing care services. This portion of the regulation is NOT impacted by this decision, so the companionship exemption is available only when this percentage test is met.
Second, the rule set forth that the companionship exemption is not available to third party employers. This portion of the rule, called the Third Party Employer regulation, is impacted by this court decision by allowing third party employers to avail themselves of the exemption. This means that, for situations meeting the definition of and test for companionship, workers can receive straight pay, not overtime for work over 40 hours/week even when there is a third party employer.
Live in Exemption
Like the Companionship exemption, the DOL rule removed the availability of the live-in caregiver exemption from third party employers. This ruling allows third parties to utilize the exemption, enabling straight pay for live-in caregivers, including for those hours worked over 40. For details on what constitutes a “live-in” domestic service worker and other conditions of the exemption, see Fact Sheet #79B: Live-In Domestic Service Workers Under the FLSA. http://www.dol.gov/whd/regs/compliance/whdfs79b.htm
While this is decision is important, this case has not been fully decided (there are other counts to be considered by the court) and there will likely be appeals filed, even on this limited judgment. As a result, states should remain vigilant in their planning and budgeting in the event that, at the conclusion of these legal proceedings, the original rule will be in full force and effect.
NASDDDS will continue to closely monitor developments and keep you apprised.
To read the court’s decision, visit:
South Carolina Department of Disabilities and Special Needs Selects Therap Services as the Statewide Reporting System:
Electronic Documentation Software Solution for Intellectual and Developmental Disability Providers Wins Competitive Bid as the SaaS for SCDDSN
“Therap Services is excited to work with the state of South Carolina as the electronic documentation and communication solution for the Department of Disabilities and Special Needs.” Stated Justin Brockie, Therap Services COO. “We are honored to have the opportunity to bring Therap’s secure transparency to South Carolina’s state teams, DSN Boards, providers, and citizens.”
“The new partnership between SCDDSN and Therap is an exciting and vital step in improving the quality of care and services for thousands of individuals with disabilities in South Carolina. The benefits are multifold from both the individual perspective and the statewide level,” commented Dr. Beverly Buscemi, SCDDSN’s State Director. “Therap offers us a comprehensive system to facilitate communication between caregivers, support professionals, specialists and families to better meet the needs of an individual while simultaneously enhancing our ability as the state’s system to collect, track and report sensitive information to meet state and federal requirements. This new venture will move us forward in providing quality services.”
Barry Pollack, Southeast Regional Director for Therap Services, states “The partnership between Therap Services and South Carolina Department of Disabilities and Special Needs is a remarkable stride in its provision of the highest quality care to individuals. In its commitment to increase communication and maintain stellar documentation through use of Therap Services, SCDDSN remains on target with their mission to assist people with disabilities and their families in meeting needs, pursuing possibilities and achieving life goals.”
Therap Services applications and certified Electronic Health Record (EHR) provide the documentation components needed by Intellectual Disability and Developmental Disability Service Agencies to maintain their focus while adapting to a changing environment within the Human Services industry. State and federal agencies and standards, including CMS and HIPAA, mandate strict requirements on accurately tracking incidents, including those reports of abuse and neglect and prevention of Medicaid fraud. Therap’s customers can complete and monitor documentation efficiently across secure domains, enabling them to focus on providing higher quality services to individuals with intellectual and developmental disabilities.
Therap is used across disciplines in the I/DD field per the CMS home and community-based services (HCBS) requirements. Therap applications include over 70 modules ranging from documentation of service provision through a daily note, to person centered planning tools, incident report management, health assessments and individual care plans, an electronic MAR integrated with an industry-standard drug database, an individual referral process for state and multi-provider systems, a comprehensive report library for internal and external audits, to electronic billing direct to Medicaid through a secure, HIPAA 5010-compliant method.
About Therap Services, LLC
Therap Services provides secure, web-based documentation, communication and electronic billing services to over 1400 intellectual disability providers across the United States as well as for twelve state government ID systems of care.
This includes a certified EHR, HIPAA compliant Medicaid and private billing, service documentation and secure communication and data sharing between all stakeholders including families and self advocates.
Therap’s software-as-a-service solution is used in HCBS Waiver, ICF/IID and other services to document residential and community based supports, employment supports, case management, incident reporting, management of staff training records and for electronic billing claim submissions directly to Medicaid.
Learn more at www.TherapServices.net.
|National Cyber Awareness System:
11/13/2014 09:17 AM EST
Original release date: November 13, 2014
iOS devices running iOS 7.1.1, 7.1.2, 8.0, 8.1, and 8.1.1 beta.
A technique labeled “Masque Attack” allows an attacker to substitute malware for a legitimate iOS app under a limited set of circumstances.