DOL Announces Period of Non-enforcement for Final Rule Extending FLSA to Domestic Workers | Practical Law

DOL Announces Period of Non-enforcement for Final Rule Extending FLSA to Domestic Workers | Practical Law

The DOL has announced a period of non-enforcement for its Final Rule extending FLSA protections to domestic workers. The period will run for 30 days after the US Court of Appeals for the District of Columbia Circuit issues a mandate making its decision in Home Care Association of America v. Weil effective.

DOL Announces Period of Non-enforcement for Final Rule Extending FLSA to Domestic Workers

by Practical Law Labor & Employment
Published on 16 Sep 2015 • USA (National/Federal)
The DOL has announced a period of non-enforcement for its Final Rule extending FLSA protections to domestic workers. The period will run for 30 days after the US Court of Appeals for the District of Columbia Circuit issues a mandate making its decision in Home Care Association of America v. Weil effective.
On September 14, 2015, the DOL issued a Policy Statement, announcing a period of non-enforcement for its Final Rule extending FLSA protections to domestic workers.
The Final Rule, announced in September 2013, would revise the FLSA's application to direct care services and grant minimum wage and overtime protections to home care assistance workers. The rule had an effective date of January 1, 2015. (See Legal Update, Major Developments in the FLSA's Final Rule for Domestic Service.)
On October 9, 2014, the DOL published a policy statement announcing time-limited non-enforcement of the rule applying the FLSA to domestic service workers (see Legal Update, DOL Announces Time-limited Non-enforcement of FLSA Rules for Domestic Service Workers).
On August 21, 2015, in Home Care Association of America v. Weil, the US Court of Appeals for the District of Columbia Circuit held that:
  • The FLSA vests the DOL with discretion to apply (or not to apply) the companionship services and live-in exemptions to employees of third-party agencies.
  • The DOL's decision to extend the FLSA's protections to home care workers was grounded in a reasonable interpretation of the statute and was neither arbitrary nor capricious.
    (No. 15-5018, (D.C. Cir. Aug. 21, 2015).)
However, the court essentially stayed the effect of its decision, which will not take effect until the court issues a mandate directing the district court to enter judgment for the DOL (see Legal Update, DC Circuit Upholds DOL’s Home Health Care Rule).
In its new policy statement, the DOL noted that:
  • Enforcement of the Final Rule had not yet begun due to:
    • the previously announced time-limited non-enforcement policy; and
    • its involvement in the federal Weil lawsuit.
  • It will not bring enforcement actions against any employer for FLSA violations resulting from the amended domestic service regulations for 30 days after the date the DC Circuit issues the mandate making its decision effective.
  • The 30-day non-enforcement policy does not affect the October 2014 time-limited non-enforcement policy, which runs through December 31, 2015.
Update: On October 27, 2015, the DOL's Wage and Hour Division published a rule indicating that its previously-announced 30-day non-enforcement period against employers for FLSA violations resulting from its domestic service regulation amendments will conclude on November 12, 2015.