Last week a federal judge invalidated the Department of Labor's (DOL) proposed change to the companionship exemption under the Fair Labor Standards Act. The change in the rule was expected to cause the majority of home health workers to no longer be exempt and thus subject to the minimum wage and overtime rules. At issue was how the DOL defined companionship in the rule. The primary change at issue was eliminating the exemption for those home health care workers that spend more than 20% of their time on personal care related tasks. These tasks include things like bathing, dressing, cooking, shopping, cleaning, etc. In most cases, these tasks are a significant portion of what home health care workers do to assist their clients. It is now in the DOL's court to decide whether to appeal the decision. Stay tuned.