The Cost of Care
Today, the SCOTUS hears argument in Long Island Care at Home v. Coke, No. 06-593. Although the legal issue is one of administrative law, Coke implicates the Department of Labor's Fair Labor Standards Act exemption for in-home health care services. Broadly speaking, the exemption at issue, which was struck down by the Second Circuit, excludes in-home health care services from various FLSA requirements, including minimum wage and overtime. As crafted, the exemption was applicable not only to direct employment relationships between the cared-for and the caregiver, but also where the caregiver was employed by a third party company, such as Long Island Care at Home, the defendant in this action.
SCOTUSBlog's preview is here. The Workplace Prof has more.
