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High court upholds home care overtime exemption

By a 9-0 margin, the U.S. Supreme Court declined to upset Department of Labor regulations that exclude home health care workers from wage-hour coverage (earlier). Much of the news coverage, as usual, proceeded as if the question were simply: do we think exempting these workers is a good idea, or not? Fortunately, the court itself did not mistake its role for that of a surrogate legislature, and recognized that the legal issue before it was whether DoL acted within its authority in issuing the rule, which it clearly did.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.