Posted Oct. 21, 2014 | On October 7, the U.S. Department of Labor (DOL) announced that it would be delaying federal enforcement of the changes to the Fair Labor Standards Act (FLSA) pertaining to wages for certain home care workers. The announcement states that DOL will not bring any enforcement action against employers, including states, for the period Jan. 1, 2015 through June 30, 2015. From July 1, 2015 through Dec. 31, 2015, DOL will continue to monitor impacted employers, and “will exercise prosecutorial discretion.”
The National Association of Medicaid Directors (NAMD) responded to the announcement in a joint statement with the National Association of State Directors of Developmental Disability Services (NASDDDS) and the National Association of States United for Aging and Disabilities (NASUAD). The peer state associations acknowledged the relief this may provide for some states; however, NAMD, NASDDDS and NASUAD cautioned policymakers and stakeholders about the limitations of the non-enforcement policy. In particular, the groups cited their concern that individuals retain the authority to bring suit against an employer. In addition, the state associations noted that there are other operational and fiscal issues that states will continue to work through, but may not resolve, over the next many months.
Courtesy of NAMD