Home Care Ass”n of America v. Weil

(1) Whether this Court intended in Long Island Care at Home, Ltd. v. Coke to allow the Department to deprive all third-party home care employers (who employ more than 90% of all home care employees) of their statutory right to avail themselves of exemptions to overtime under the Fair Labor Standards Act; (2) whether the D.C. Circuit erred in finding that Congress intended to exclude employees of third party employers from the home care exemptions, thereby conflicting with Coke"s contrary reading of Congressional intent and creating a conflict in the circuits; and (3) whether the Department"s new rule should be found to be unreasonable due to the agency"s failure to meaningfully address the relevant factors of unaffordability and lack of adequate state funding of the increased costs of home health care under the new rule.