Home Care Rule Enforcement Will Begin November 13, 2015

Home Care Rule Enforcement: November 13, 2015

Our most recent blog post referenced a likely effective date for the Fair Labor Standards Act Home Care Rule. Please read the article and opinions below by the National Resource Center for Participant-Directed Services that details the Home Care Rule Enforcement time frame of November 13, 2015.

DOL Announces Home Care Rule Enforcement Date

“The US Department of Labor announced today (9/2/2015) that Home Care Rule enforcement will begin 30 days after the appellate court decision’s effective date of October 13.

Therefore, the Home Care Rule will be enforced beginning November 13, 2015Participant direction stakeholders should prepare for compliance now. Legal experts agree that further court action related to the Home Care Rule litigation is unlikely, so it is unlikely that the effective date and enforcement date will change.

Before Judge Richard Leon temporarily struck down the Rule, DOL had previously announced a period of selective enforcement from July 1 to December 31, 2015. “Selective enforcement” means that DOL plans to “exercise prosecutorial discretion in determining whether to bring enforcement actions, with particular consideration given to the extent to which States and other entities have made good faith efforts to bring their home care programs into compliance with the FLSA since promulgation of the Final Rule.”

After Judge Leon’s decision, DOL stated that it would maintain its original enforcement timeline should the Rule be upheld by a higher court. Therefore, November 13 – December 31, 2015 should remain a period of selective enforcement. During this time, DOL will take stakeholders’ attempts to comply with the Rule into consideration when deciding whether to take action for noncompliance.”

Sincerely,

Your team at the National Resource Center for Participant-Directed Services (NRCPDS).

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