On June 11, 2007, the U.S. Supreme Court upheld the U.S. Department of Labor’s regulation exempting in-home health care aides and companion services workers employed by third-party agencies from federal minimum wage and overtime pay requirements.
In its unanimous ruling, the high court resolved a long-running dispute as to whether the 1974 amendments to the Fair Labor Standards Act (FLSA), which extended FLSA coverage generally to employees in domestic service, simultaneously intended to exclude from coverage companions and in-home aides caring for the elderly and infirm, when they are employed by third-party home health care agencies. Long Island Care at Home, Ltd. v. Coke, No. 06-593, 2007 U.S. LEXIS 7717 (U.S. June 11, 2007).
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