We recently reminded you of the Department of Labor’s (“DOL”) “Home Care Final Rule” that went into effect on January 1, 2015. As we mentioned, the Final Rule was partially vacated in the District of Columbia: on December 22, 2014, Judge Richard Leon of the U.S. District Court of the District of Columbia issued an Opinion and Order vacating the “third party employment” provision of the Home Care Final Rule on the grounds that the Department of Labor exceeded its rulemaking authority when it implemented the Final Rule. Following plaintiff’s emergency motion for Temporary Restraining Order, Judge Leon issued a temporary stay on implementation and then heard oral argument on the emergency motion as a motion for summary judgment. The plaintiffs challenged a different part of the same regulations1, pertaining to the definition of “companionship services.”2On January 14, 2015, Judge Leon granted the plaintiffs’ motion to vacate the “companionship services” provision for essentially the same reason – that the rule change required Congressional input. The DOL has fired back by filing an appeal, stating that it believes the Final Rule “is legally sound and is the right policy – both for those employees whose demanding work merits these fundamental wage guarantees, and for recipients of services, who deserve a stable and professional workforce allowing them to remain in their homes and communities.”