Bruce Fox, a partner in Obermayer’s Labor and Employment Department, was interviewed by Law360 regarding his representation of three home care companies challenging a 2013 Department of Labor rule that expanded overtime eligibility for certain workers. The article, titled “3rd Circ. Follows Corner Post In Home Care OT Change Feud,” published on September 6, 2024, highlights the Third Circuit’s decision to revive the case after the U.S. Supreme Court’s Corner Post ruling overturned a Pennsylvania federal court’s dismissal of the suit as untimely.

The three home care companies—Intra-National Home Care LLC, Americare Home Healthcare Services LLC, and Agewell Home Helpers Inc.— are represented by partners Bruce Fox and Andrew Horowitz.

Bruce told Law360 on Friday that he looks forward to litigating the case. 

“The Labor Department’s rule we are challenging tries to read out of the Fair Labor Standards Act important overtime exceptions for in-home and companionship care,” Bruce said. “This is as irrational as it is illegal and hurts needy care recipients, who are denied access to affordable — and often government-supported — care.” 

Under the rule, which went into effect in 2015, the agency nixed the Fair Labor Standards Act’s companionship exemption, which made certain live-in domestic service workers of third-party agencies overtime-ineligible, a move the companies argued in their suit would destroy their business. 

Read the full article here.