In an effort to counteract proposed USDOL rulemaking seeking to overturn the Supreme Court’s decision in Long Island Care at Home v. Coke, in which the Court upheld the exemption’s historic application to individuals employed by third party agencies who provide health care services in a private home (Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158 (2007)), Republican Senators Mike Johanns (Neb.) and Lamar Alexander (Tenn.) have proposed the Companionship Exemption Protection Act (S.3280), which would codify (and thus preserve) the exemption. The bill’s sponsors cite the huge spike in the costs of elder care which would result from the DOL’s proposed rule requiring all agencies providing companionship services to pay premium overtime, costs undoubtedly passed on to the seniors in need of such services. However, Democratic control of the Senate may be fatal to the bill’s chances. Watch this space for further developments regarding both this proposed legislation and the USDOL rulemaking.
