Have a question about the Friday Flash? Email Us >>

CKFI's Weekly Newsletter

Legal News | 10/02/2015

Department of Labor Lawsuit: Special Alert

The U.S. Court of Appeals for the D.C. Circuit denied both the Home Care Association of America’s (HCAOA’s) motion to stay the mandate to implement its ruling, and the U.S. Department of Labor’s motion for expedited issuance of the mandate to implement its ruling. HCAOA has filed a stay with the U.S. Supreme Court, and hopes it will be heard prior to October 13. Therefore, we do not know the exact date when the D.C. Circuit is going to issue the mandate to implement its ruling, but regardless, franchisees need to pay overtime (1.5x the employee’s regular rate of pay) to their home care employees who work more than 40 hours per week.

9 Comments

USER COMMENTS

  • JorgePreciadoJr@ComfortKeepers.com

    So franchisees should go back to paying overtime at 8/40 hours immediately?

    • yubasutternevadaco@comfortkeepers.com

      Jorge – call our office and speak to Sandy or I and we’ll tell you how we’re handling our live-ins.

  • canton-mi@comfortkeepers.com

    We have one live in client.

  • canton-mi@comfortkeepers.com

    What do you suggest we do with our live in client that we have been sending one care giver 3 days per week and another 2 days and filling in with caregivers doing the other days. The client is 102 years old and does not like change and new people. Do we have to start paying overtime
    now.
    Jeanne Trumpy

    • Stephen Bright

      Can you charge enough or raise the rates for live in services to cover it? Or at least for the hours over 40? We have not done any live in cases in years since our rates are so high. While we did not pay OT, we did pay for every hour the emp was there (168 therefore billed 168 hours equivalent). So many others here were still only paying and charging for something like half of that which I do not know how they get away with it.

  • albuquerque-ne@comfortkeepers.com

    This is the end of the “affordable” live in concept. It’s very unfortunate for a lot of our seniors on tight budgets.

  • donaldlalonde@comfortkeepers.com

    HCAOA Legal Team Filed a Request for Stay with the U.S. Supreme Court 9/25/15.

  • ck108@comfortkeepers.com

    I suppose none of us can now afford a highly discounted live-in rate for our seniors. caregivers will also be negatively impacted as it will be difficult to schedule them for more than 40 hours.

  • ck738@comfortkeepers.com

    If you go to question # 30 it tells you about how to handle sleep time for live in care givers.
    http://www.dol.gov/whd/homecare/faq.htm#sleep

    We have a caregiver that goes 3 days a week for 24 hour live in and we figured out a way to keep the rate for the client the same and it is only costing us around $5 in extra overtime after we take out the sleep time and pay regular time for 40 hours and time and a half for overtime.

Footer Text

CK Franchising, Inc. | 6640 Poe Avenue, Suite 200, Dayton, Ohio 45414 | Toll Free (800) 387-2415
Copyright 2018 CK Franchising, Inc. Site Map  |  Terms & Privacy  |  Site Designed and Developed by Oxiem Interactive.

Footer Text

CK Franchising, Inc. | 6640 Poe Avenue, Suite 200, Dayton, Ohio 45414 | Toll Free (800) 387-2415
Copyright 2018 CK Franchising, Inc. |  Site Map  |  Terms & Privacy
Site Designed and Developed by Oxiem Interactive.

Footer Text

CK Franchising, Inc. | 6640 Poe Avenue, Suite 200, Dayton, Ohio 45414 | Toll Free (800) 387-2415
Copyright 2018 CK Franchising, Inc.
  Site Map  |  Terms & Privacy
Site Designed and Developed by Oxiem Interactive.