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Andersonv.Southern Home Care Services, Inc.

CourtSupreme Court of Georgia
Docket No.S15Q1127
DecidedNovember 23, 2015
Reporter298 Ga. 175; 780 S.E.2d 339
JudgesJustice David E. Nahmias authored; all Justices concurred
Tags
CivilEmployment LawStatutory InterpretationContract LawCertified QuestionRemand
Case Summary

Former employees of two home-care companies sued for unpaid minimum wages under Georgia’s Minimum Wage Law, including compensation for travel between clients. A federal district court certified two questions to the Supreme Court of Georgia: whether an employee exempt from some Fair Labor Standards Act requirements remained covered for purposes of Georgia’s statute, and whether workers providing in-home personal support were excluded as domestic employees. The Court answered both questions no. It held that an FLSA exemption did not itself prevent the employees from receiving Georgia minimum-wage protection. It also held that the exception applies only when the worker provides services in the worker’s own employer’s home; staff of third-party agencies do not qualify merely because they work in clients’ homes. The Court limited its answer to the third-party-agency workers before it and did not decide whether home-care workers hired directly by households fall within the exception.

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