The Senate voted 60 to 37 on Thursday to confirm M. Patricia Smith, formerly New York State labor commissioner, to be Solicitor of the US Department of Labor.
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Overtime Issue for Home Care Workers is Alive as Senators Press to Have US DOL Regulations Altered or Reinterpreted.
What Happened Two Years Ago... In Long Island Care at Home, Ltd. v. Coke, 549 U.S. 1105 (June 11, 2007), the Supreme Court deferred to the U.S. Department of Labor's interpretation of its own regulations and unanimously held that home care workers employed by third party employers or agencies were exempt from overtime under the "companionship exemption" to the Fair Labor Standards Act. Coupled with the overtime exemption available to non-profit agencies in New York (where Medicaid funded home care can be 24/7) who had timely filed a Statement of Non-Profitmaking Institutions with the NYS Department of Labor, this fully exempted those agencies, in particular, from overtime pay to home care workers.
More Changes Afoot: DOL to Abolish Employment Standards Administration, NAACP Lawyer to Be Named to Head EEOC.
There have been two recent announcements that will be of interest to corporate counsel and Human Resources professionals.
DOL Seeks Nominations for 2010 ERISA Advisory Council
The Department of Labor issued this news release today, asking for nominations for the 2010 ERISA Advisory Council.
