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.
SCOTUSBlog's preview is here. The Workplace Prof has more.