The National Association for Home Care and Hospice (NAHC) has appealed the adverse ruling in its Department of labor lawsuit regarding the “companionship services” and “live-in domestic services” overtime exemptions under the Fair Labor Standards Act. NAHC has filed a petition with the Supreme Court. In addition, there are several amicus curiae (“friends of the court”) readying briefs to support our petition.
With the petition, NAHC hopes to convince at least four of the justices that the case is important enough for the Court to hear it on the merits. One of the arguments being advanced is the importance of the case and that state Medicaid programs are not ready and may not even be trying to get ready to pay overtime. Also, some states appear to be taking steps to avoid overtime costs by limiting the number of hours worked by home care aides, an action that is detrimental to both consumers and providers.