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.