WASHINGTON, DC – With oral arguments set to begin Thursday in a case before the U.S. Court of Appeals (D.C. Circuit), U.S. Senator Pat Roberts today released the following statement in support of the plaintiffs challenging proposed U.S. Department of Labor rules that will undermine the quality and affordability of in-home companion and domestic care for seniors and disabled individuals:

“I hope the court will agree with the previous court ruling that this rule is impractical and attempts to impose burdensome and costly labor requirements in the home where standards must remain flexible due to the individual nature of care for those in need of companion care,” Roberts said. “This is regulatory overreach gone haywire.”

The case is Home Health Care Association of America, et. Al. v. Weil, in the U.S. Court of Appeals for the District of Columbia Circuit, Case No. 15-5018.

At issue is the U.S. Department of Labor (DOL) Wage and Hour Division’s rulemaking entitled “Application of the Fair Labor Standards Act to Domestic Service,” which would void the companionship exemption to the Fair Labor Standards Act (FLSA).

The current companionship exemption allows the elderly and disabled to obtain the home care they need to remain independent without having to comply with the recordkeeping requirements that the FLSA imposes. Current law is a reflection of the will of Congress to protect both the interests of elderly and disabled care recipients who need affordable care along with those of caregivers who want predictable employment arrangements. For more on the rule go here.

Last month, Roberts and U.S. Representative Tim Walberg (R-Mich.) offered an Amicus Brief for Members of the U.S. Congress to the court.

The brief was signed by Senator Roberts, Senate Majority Leader Mitch McConnell (R-Ky.), Health, Education, Labor and Pensions Committee Chairman Lamar Alexander (R-Tenn.) and Senators Roy Blunt (R-Mo.), Marco Rubio (R-Fla.), John Boozman (R-Ark.), Mike Enzi (R-Wyo.), Johnny Isakson (R-Ga.) and Richard Burr (R-N.C.). Support for the brief in the House in addition to Congressman Walberg includes U.S. Representative Lynn Jenkins (R-Kan.).