A federal appeals court on Thursday said a U.S. Department of Labor rule granting overtime pay to homecare providers went into effect as planned even though the agency delayed enforcement for nearly a year amid a court challenge to the rule.
A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals said DOL’s decision not to enforce the 2015 rule until November of that year did not change the Jan. 1 effective date, and a group of homecare providers in Los Angeles County represented by Nichols Kaster could proceed with unpaid overtime claims. The employees work for a state-run program called In-Home Supportive Services, which is administered by the county’s Dept. of Social Services.
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