A Labor Department rule instrumental to the agency’s $15 million victory in an overtime case is unlawful, the home-care firm subject to the verdict argued to a Sixth Circuit panel Tuesday.
Americare Healthcare Services LLC is one of three home-care firms challenging the DOL’s ability to block third-party employers from taking advantage of a Fair Labor Standards Act overtime exemption for live-in services in multiple suits. The agency doesn’t have the authority to make that decision, which followed approximately 40 years of home-care firms qualifying for the exemption, Boyden Gray PLLC partner James Conde argued for Americare.
Congress gave the ...
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