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Fair Labor Standards Act Update

County Personnel Administrators Association of California (CPAAC) Fall Conference| September 17, 2015
Presented by: Jack Hughes

IHSS Homecare Worker Overtime
Eligibility

In 2013, the Department of Labor initiated three
changes:

1. Narrowed the definition of Companionship Services
2. Eliminated the exemption for Companionship Services

for workers employed by third parties.
3. Eliminated the exemption for Live-In Workers

employed by third parties.
In 2014, trade groups sued and the trial court invalidated
the changes. (Home Care Ass’n of America v. Weil, No.
14-cv-967 (RJL), 2014 WL 7272406 (D.D.C. Dec. 22,
2014).)

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IHSS Homecare Worker Overtime
Eligibility

On August 21, 2015, the D.C. Circuit reversed the
trial court ruling. There are at least two
consequences:

1. Third party vendors that employ homecare workers
must pay overtime under the FLSA.

2. The definition of Companionship Services has been
narrowed, affecting all homecare workers.

Home Care Association of America, et. al. v. Weil
(D.C. Cir. 2015) Case No. 1:14-cv-00967

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