On June 27, the United States Supreme Court declined to hear an appeal in the case of Home Care Association of America v. Weil (No. 15-683). (For background on the history of the case and appeal, see WICs article, "DOL Home Care Rule Enforcement to Start on November 13," September 4, 2015.) The decision not to hear the appeal means that the lower court ruling that reinstated the Home Care rule will stand.
The Department of Labor released a statement on the Court's decision, saying"Today’s decision by the court not to review a challenge to the Final Rule ensures that the rule can fulfill President Obama’s vision of an economy where hard work pays off and responsibility is rewarded. ... We have worked closely with a wide range of stakeholders, including state officials, providers of home care services, advocates representing people with disabilities and worker advocates, to encourage thoughtful implementation of the rule. We have two goals: extending basic labor protections to home care workers; and ensuring that Medicaid participants and their families enjoy continued access to the home and community-based services they need, particularly services delivered through innovative models of care."
With this decision, the case has no other opportunity to be appealed, leaving the final rule in place. Under the Home Care rule, third-party and joint employers of companions and live-in domestic service workers must be paid at least minimum wage and overtime in compliance with the Fair Labor Standards Act.