Appeals court reinstates wage rules for home care workers

Employment Law

A federal appeals court has reinstated Obama administration regulations that guarantee overtime and minimum wage protections to nearly 2 million home health care workers.

The court in Washington ruled that the Labor Department had authority to change the wage rules covering domestic workers who help the elderly and disabled with everyday tasks such as bathing or taking medicine.

Workers hired through third-party staffing agencies haven't been eligible for minimum wage and overtime pay since 1974.

A federal judge had scrapped the rules earlier this year after finding that the agency had overstepped its authority, but the appeals court reversed that ruling.

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Can my trucking injury case be filed in Illinois?

If you have been injured in a truck driving accident, you may be wondering whether your worker’s comp case can be filed in Illinois. For an injured truck driver, this is an important question to ask, as the jurisdiction of the case can end up having a big impact on your benefits.

There are three main scenarios in which the Illinois Worker’s Compensation Commission would have jurisdiction over a trucking injury:

-If the accident took place in Illinois, If the employer is principally located in Illinois, or If the contract for hire is in Illinois

This means that a truck driver whose home terminal is in Illinois can make a claim for workers comp benefits in Illinois even if they were injured while on the road in another State. It also means that truck drivers who get hurt while passing through Illinois can file a claim in Illinois, even if their employer is located in another state.

If you have been injured on the road, and you are unsure where and how to file your workers comp claim, call us at (312)-726-5567 to begin your consultation. We can advise you whether Illinois is the right state to file for you. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.

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