In an unanimous decision, the U.S. Supreme Court affirms a Dept. of Labor rule which exempted “companionship workers” from the minimum wage and overtime requirements under the Fair Labor Standards Act, even if the workers were employed by a third party agency.
The case involved a worker employed by Long Island Care at Home, Ltd., to provide “companionship services” to elderly and infirm clients. The worker claimed that her employer failed to pay her the minimum wages and overtime due to her under the FLSA and New York law. The DOL’s rule exempting home care workers from coverage includes those paid by third parties, such as home health agencies. The Second Circuit found that the rule was unenforceable. The Supreme Court disagrees with the appeals court, holding that the DOL was entitled to deference in making and interpreting its rules. Long Island Care at Home, Ltd. V. Coke.