Chief Justice Roberts’ denial of the Home Care Association of America’s request for stay of issuance of mandate confirms that the new rule rendering many home health aides overtime-eligible is effective, pending appeal. In response to that denial, Wage-and-Hour Administrator David Weil issued a new policy statement confirming that the Department’s “non-enforcement period” for the new rule will end on November 12, 2015. After that, the policy statement indicates the Department will “exercise prosecutorial discretion pursuant to its previously announced time-limited non-enforcement policy” through December 31, 2015.
Industry employers continue to wrestle with compliance (and budgetary) questions in the wake of the D.C. Circuit’s ruling upholding the validity of the new rule under the Administrative Procedure Act, and the Home Care Association of America’s appeal to the Supreme Court still awaits. We will continue to cover developments affecting FLSA compliance under the new rule.