On Tuesday, May 13, ADvancing States sent a letter to Secretary Thomas Perez of the Department of Labor (DOL) requesting a delay in the effective date of the final rule that would make changes to the fair labor standards act (RIN 1235-AA05). The rule will significantly impact state programs that provide home and community based services to seniors and people with disabilities. Currently, the rule is scheduled to become effective on January 1, 2015; however, there are several areas where guidance is forthcoming. Notably, the department has not yet issued guidance regarding Third Party Employers and Joint Employment arrangements. This guidance will likely have significant financial and operational implications on state programs, and states may not be able to make necessary changes by the January deadline. Because of this, ADvancing States requested that DOL delay the regulation effective date for an additional 18 months.

To view the letter to Secretary Perez, please click here.