Timeliness of Home-Care Wage-Rule Challenge Faces Appeals Panel

Three home-care firms that say their challenge to the Labor Department’s revision of a rule dealing with certain overtime and minimum wage exemptions was timely urged the Third Circuit to revive their challenge during oral argument on Thursday.

The parties disagree about whether the Administrative Procedure Act claims fell outside the six-year statute of limitations and even whether the suit actually counts as a preenforcement challenge. During oral arguments stretching approximately an hour, the US Court of Appeals for the Third Circuit pressed both sides with questions about when the home-care firms’ claims accrued.

The firms told the panel that ...