NAHC Overtime Lawsuit Update: Parties Submit Competing Motions To Court of Appeals
Posted on Thursday, September 3, 2015 9:46 AM
NAHC’s lawsuit challenging the validity of the Department of Labor (DOL) rules regarding minimum wage and overtime compensation for personal care and live-in aides is headed to the Supreme Court. NAHC and the other plaintiffs have filed for a Motion of Stay with the U.S. Court of Appeals that reversed the lower court ruling that had vacated the challenged rules. The U.S. Department of Justice, representing the DOL, has also filed a Motion for Expedited Issuance of Mandate. NAHC says the Court of Appeals decision is expected to take effect on October 13 with an order that the lower court issue a decision in favor of the DOL.
NAHC believes the Motion for Stay is a key step in the appeal to the Supreme Court. If it is not granted, the rules will go into effect around October 13 even if there is an appeal pending before the Supreme Court. If the Court of Appeals denies the stay request, NAHC intends to seek a stay through the Supreme Court.
In its Motion, NAHC and the co-plaintiffs argue that a stay is necessary to protect the interests of consumers, workers, home care businesses, and state Medicaid programs. If the Court of Appeals ruling goes into effect, plaintiffs argue that consumers will face access to care problems, loss of continuity of care with the workforce shifting to part-time employees, and the risk that quality of care deteriorates when multiple caregivers replace a single one with a patient.
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