HOME CARE ASS'N OF AMERICA v. WEIL

No. 15-5018.

799 F.3d 1084 (2015)

HOME CARE ASSOCIATION OF AMERICA, et al., Appellees v. David WEIL, sued in his official capacity, Administrator, Wage & Hour Division, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 21, 2015.


Attorney(s) appearing for the Case

Alisa B. Klein , Attorney, U.S. Department of Justice, argued the cause for appellants. With her on the briefs were Vincent H. Cohen, Jr. , Acting U.S. Attorney, Beth S. Brinkmann , Deputy Assistant Attorney General, and Michael S. Raab , Attorney.

Eric T. Schneiderman , Attorney General, Office of the Attorney General for the State of New York, Barbara Underwood , Solicitor General, Seth Kupferberg , Assistant Attorney General, George Jepson , Attorney General, Office of the Attorney General for the State of Connecticut, Lisa Madigan , Attorney General, Office of the Attorney General for the State of Illinois, Tom Miller , Attorney General, Office of the Attorney General for the State of Iowa, Brian E. Frosh , Attorney General, Office of the Attorney General for the State of Maryland, Maura Healey , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Lori Swanson , Attorney General, Office of the Attorney General for the State of Minnesota, and Hector H. Balderas , Attorney General, Office of the Attorney General for the State of New Mexico, were on the brief for amici curiae States of New York, et al. in support of appellants.

Kate Andrias was on the brief for amici curiae Paraprofessional Healthcare Institute and 26 Consumer and Policy Organizations in support of appellants.

Arthur B. Spitzer was on the brief for amici curiae Women's Rights, Civil Rights, and Human Rights organizations and scholars in support of appellants.

Judith A. Scott , Nicole G. Berner , Renee M. Gerni , Craig Becker , Lynn Rhinehart , William Lurye , and Claire Prestel were on the brief for amici curiae American Federation of Labor and Congress of Industrial Organizations, et al. in support of appellants.

Jonathan S. Massey was on the brief for amici curiae Members of Congress in support of appellants.

Daniel B. Kohrman was on the brief for amicus curiae AARP in support of appellants.

Samuel R. Bagenstos was on the brief for amicus curiae the American Association of People with Disabilities in support of appellants.

Maurice Baskin argued the cause for appellees. With him on the brief was William A. Dombi.

Derek Schmidt , Attorney General, Office of the Attorney General for the State of Kansas, Jeffrey A. Chanay , Chief Deputy Attorney General, Toby Crouse , Special Assistant Attorney General, Mark Brnovich , Attorney General, Office of the Attorney General for the State of Arizona, Samuel S. Olens , Attorney General, Office of the Attorney General for the State of Georgia, Bill Schuette , Attorney General, Office of the Attorney General for the State of Michigan, Adam Paul Laxalt , Attorney General, Office of the Attorney General for the State of Nevada, Wayne Stenehjem , Attorney General, Office of the Attorney General for the State of North Dakota, Herbert H. Slatery, III , Attorney General, Office of the Attorney General for the State of Tennessee, Ken Paxton , Attorney General, Office of the Attorney General for the State of Texas, and Brad D. Schimel , Attorney General, Office of the Attorney General for the State of Wisconsin were on the brief for amici curiae States of Kansas, et al.

Stephanie Woodward was on the brief for amici curiae ADAPT and the National Council On Independent Living in support of appellees.

Michael Billok was on the brief for amicus curiae the Consumer Directed Personal Assistance Association of New York in support of appellees.

Michaelle L. Baumert and Henry L. Wiedrich were on the brief for amici curiae Members of Congress in support of appellees.

Opinion for the Court filed by Circuit Judge SRINIVASAN.


The Fair Labor Standards Act's protections include the guarantees of a minimum wage and overtime pay. The statute, though, has long exempted certain categories of "domestic service" workers (workers providing services in a household) from one or both of those protections. The exemptions include one for persons who provide...

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