As we discussed at length in our a previous blog post the Department of Labor issued a new rule that updated the definition of “companionship services” which would have entitled many more domestic service workers to overtime pay. The proposed rules have now be vacated by a Judge in Washington DC. In making his ruling, the Judge was critical of the Department of Labor’s use of rules to rewrite the exemption such that it would be so narrow to be meaningless. In short, the Judge believed that any such changes to the exemption should be resolved by Congress.
It is likely that as a result of this decision the Department of Labor will file an appeal. In the meantime the proposed rules that would have changed the exemption on January 1, 2015 will not go into effect. This decision provides additional uncertainty to an already complex issue. It is important to discuss your particular situation with an experienced Overtime Lawyer. Maduff & Maduff are employment attorneys who specialize in wage theft and overtime, as well as discrimination and civil rights cases. Contact us if you are experiencing any wage or overtime issues, or have a concern with your employment rights.