Labor and Employment
This section highlights rules, regulation and legislation affecting aging services organizations in their role as employers.
We've featured some articles below, but be sure to check out all of our public policy and legal issues content.
Recent actions by the U.S. District Court for the District of Columbia have invalidated a U.S. Department of Labor (DOL) regulation that would have significantly narrowed the definition of companionship services and required third-party employers to pay home care workers minimum wage and overtime. While the decisions likely will be appealed by the DOL, the regulation will not take effect unless and until a contrary decision is rendered by the appellate court.
On December 12, 2014, the National Labor Relations Board (NLRB) approved a long-awaited final rule that amends representation procedures in hopes to accelerate the union election process. The final rule will take effect April 14, 2015, though employer groups have already mounted a challenge to the rule in federal court.
A divided National Labor Relations Board (NLRB) held last month in Purple Communications, Inc., 361 NLRB
No. 126 (Dec. 11, 2014), that employees have the right to use their employers'
email systems as a vehicle for exercising their Section 7 rights under the National Labor Relations Act (NLRA), overturning a previous decision to the contrary.
With the Jan. 1, 2015, effective date for the U.S. Department of Labor final rule extending minimum wage and overtime benefits to most home care workers fast approaching, 2 federal agencies issued a letter directed primarily at state Medicaid agencies urging them to plan appropriately.
In accordance with a final
rule published in September, there will be a change to what covered employers
are required to report to the Occupational Safety and Health Administration
(OSHA) beginning on Jan. 1, 2015.