A U.S. appeals court on Friday upheld a
Department of Labor rule requiring employment agencies to pay
the minimum wage and overtime to domestic workers providing
in-home care for the elderly, sick or disabled.
The U.S. Court of Appeals for the District of Columbia
Circuit rejected a challenge filed by the Home Care Association
of America and two other trade associations that represent the
agencies. The decision overturns a lower court ruling that had
invalidated the 2013 regulation.
The Department of Labor said in the rule that home health
aide employment had increased 65 percent between 2001 and 2011
to 924,650 and personal care aide employment doubled to 820,600.
The three-judge panel concluded that the Fair Labor
Standards Act gave the Department of Labor authority to
determine which in-home care services are exempt from minimum
wage and overtime protections. The minimum wage is $7.25 an
"The Department's decision to extend the FLSA's protections
to those employees is grounded in a reasonable interpretation of
the statute and is neither arbitrary nor capricious," Judge Sri
Srinivasan wrote on behalf of the court.
The case is Home Care Association of America v. Weil, U.S.
Court of Appeals for the District of Columbia Circuit, No.
(Additional reporting by Robert Iafolla)