Important Update on Home Care Workers’ Right to Overtime Pay

As I have previously mentioned, the Department of Labor has changed the rules on overtime for home care workers. Before January 1, 2015 most home care workers did not have to be paid any overtime no matter how many hours they worked.

Since January 1, 2015 the rules for home care workers have changed and now any home care worker who is employed through a third party agency must be paid time and a half their regular hourly rate when they work more than 40 hours in a work week.

Businesses and even state governments filed a number of legal challenges to the new rule. In October, 2015 the D.C. Circuit Court found for the Federal Government and upheld the new rules. Of course, that was not the end of the legal challenges.

The groups involved in the D.C. Circuit challenge appealed to the U.S. Supreme Court and asked the Court to grant a writ of certiorari and review the D.C. Circuit Court’s decision. This may have meant the Supreme Court would have a chance to strike down the new rule for home care workers and their new right to be paid overtime.

I am happy to announce the Supreme Court just announced they will not be granting a writ of certiorari to review the D.C. Circuit Court’s decision. This means the new rule is now firmly part of the law! Home care workers can now be confident their right to overtime pay will not be overturned by the courts any time soon.

What does this mean for home care workers? If you are a home care worker and you have worked over 40 hours in a week without being paid time and a half your hourly rate at any point since January 1, 2015 you need to speak with a lawyer. If you are in Georgia contact me, Atlanta employment lawyer Ben Kandy.

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