On Monday, June 27, 2016, the U.S. Supreme Court declined to review a D.C. Circuit Court of Appeals decision upholding the new U.S. Department of Labor’s (DOL) requirement that home care providers pay the federal minimum wage and overtime to home care workers. As we previously discussed, on August 21, 2015, the D.C. Circuit
DOL
Medicaid-Funded Providers Beware! The DOL’s Time Limited Non-Enforcement Policy Does Not Apply to Private Causes of Action

In conjunction with unveiling its Final Overtime Rule, the DOL announced a Time Limited Non-Enforcement Policy (“Policy”) for providers of Medicaid-funded services for individuals with intellectual or developmental disabilities in residential homes and facilities with 15 or fewer beds. Under the Policy, from December 1, 2016, to March 17,…
Employers: DOL Final White Collar Exemption Rule Takes Effect on December 1, 2016
Our colleagues Jeffrey Ruzal and Michael Kun at Epstein Becker Green have a post on the Wage & Hour Defense Blog that will be of interest to many of our readers in the health care industry: “DOL Final White Collar Exemption Rule to Take Effect on December 1, 2016.”
Following is an excerpt:…
DOL Releases New Poster and Employer’s Guide to FMLA
Health care employers should note that the Department of Labor’s Wage and Hour Division (“DOL”) has just released a new Family Medical Leave Act (“FMLA”) poster and The Employer’s Guide to The Family and Medical Leave Act (“Guide”).
New FMLA Poster
The FMLA requires covered employers to display a copy of the General FMLA Notice…
DOL’s New Persuader Rule Is Intended to Aid Union Organizing
Our colleagues Adam C. Abrahms and Steven M. Swirsky, attorneys at Epstein Becker Green, have a post on the Management Memo blog that will be of interest to many of our readers in the health industry: “Department of Labor Releases New Persuader Rule Intended to Aid Union Organizing.”
The US Department of…
DOL Sets Its Sights on Misclassification of Home Care Workers

In case you missed it, last week the U.S. Department of Labor (“DOL”) blogged about the misclassification of workers in the home care industry. As a reminder, on October 1, 2013, the DOL issued its home care final rule, which (1) more narrowly defines the tasks that…
DOL’s Wage Rule for Home Care Workers – Employment Law This Week
Employment Law This Week – a new video program from Epstein Becker Green – has a story this week on how the Supreme Court has cleared the way for the Department of Labor’s home care worker wage rule.
The high court recently denied a stay of the D.C. Circuit’s decision, and the new rule extending…
DOL to Revise Definition of “Spouse” in FMLA Regulations
In its Agency Rule List for Spring 2014, the U.S. Department of Labor (DOL) has proposed to amend the Regulations implementing the Family and Medical Leave Act (FMLA) by revising the definition of “spouse” in light of the United States Supreme Court’s decision in United States v. Windsor, No.…
Persuader Rule Postponed: Employers Get Temporary Reprieve from Assault on Attorney-Client Privilege
On Epstein Becker Green’s Management Memo blog, our colleague Adam C. Abrahms writes about the Department of Labor’s delay, once again, of its timeline for finalizing the Persuader Rule.
Below is an excerpt from the blog post:
As we noted in “First Kill All The Lawyers,” last November the DOL announced its…
The Supreme Court Holds That Pharmaceutical Sales Representatives Are Exempt From Overtime Requirements Under The “Outside Sales” Exemption
By: Michael Thompson
The United States Supreme Court has ruled that pharmaceutical sales representatives (PSRs) are “outside salesmen” who are not entitled to overtime under the Fair Labor Standards Act (FLSA). The high court’s ruling was predicated on its finding that, in the pharmaceutical industry’s “unique regulatory environment,” the commitments obtained by PSRs equate…