Judge Hints At Vacating Disputed DOL Caregiver Wage Rules

By Daniel Wilson (January 9, 2015, 8:50 PM EST) -- U.S. District Judge Richard J. Leon seemed poised Friday to vacate the U.S. Department of Labor's contentious regulation that would eliminate an exemption from minimum wage or overtime for most "companionship" domestic workers, pushing back against its claim that he should defer to its legislative interpretation.

In a heated hearing in the D.C. District Court, Judge Leon jumped on the argument of government attorney Julie Saltman from the get-go, pushing her to explain why the agency had sought to effectively "define away" congressional intent regarding the Fair Labor Standards Act exemption.

Saltman argued that the agency's redefinition, whereby companionship workers employed...

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