Tag Archives: Business Law

New Changes to the FLSA and Compensation toLive-In Domestic Care Workers

Department of Labor

In December 2014, Ellen Leibovitch held a seminar to discuss changes to the Fair Labor Standards Act (FLSA) relevant to third party agencies who employ companions and live-in domestic service employees.  The new regulations – which were set to go into effect on January 1, 2015 – made the long-standing exemptions to the FLSA’s minimum wage and overtime requirements for companions and live-in domestic employees inapplicable to third-party employers (like home health care agencies).

Just days after the seminar, a federal court struck down the new regulations.  Since then, the issue has been batted around the courts, but on August 21, 2015, a federal appellate court issued a unanimous opinion affirming the validity of the new regulations.  The appellate court’s opinion became effective on October 13, 2015.  The Department of Labor (DOL) will not begin enforcement of the new rules until November 12, 2015 but, more than likely, the DOL will not begin prosecuting offenders until January 1, 2016.

For more details, go to http://www.dol.gov/whd/homecare/litigation.htm#.VilP87RgRps.email

So what does this mean to you and your businesses?  For those who have been taking a wait-and-see approach or who had hoped that everything would remain unchanged, the time to act is now.  Businesses need to come to grip with the fact that live-in domestic care workers who reside in the private household where they are employed and home-health companions are going to be subject to the FLSA’s overtime and minimum wage requirements as well as the record-keeping requirements.  Among other things, this means these workers need to be paid a minimum wage (currently $8.05 in the State of Florida but likely to increase as of January 1, 2016), that employers need to maintain accurate records of the hours such employees work each day and each week and that overtime must be paid for all hours worked in excess of 40 each week.

Please note that these new rules apply only to employees, not independent contractors.

For additional information about these changes, please contact Ellen M. Leibovitch below:

Ellen M. Leibovitch

Florida Board Certified Labor and Employment Attorney


1801 N. Military Trail, Suite 160

Boca Raton, Florida 33431

Main:  (561) 361-6566

Fax: (561) 361-6466

Email: EML@assoulineberlowe.com


Intellectual Property, Labor & Employment Law, Bankruptcy, Commercial Litigation, Real Estate, and Corporate Law

Miami • Ft. Lauderdale • Boca Raton

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Labor & Employment SuperLawyer Ellen Leibovitch Finalist in Leaders In Law Award

Pic - Ellen Finalist Leaders In Law (00107849)

Assouline & Berlowe is pleased to announce that Labor & Employment Partner Ellen Leibovitch has been selected by Lifestyle Media Group’s Leaders In Law Awards as a Finalist for the award.  The firm is pleased to congratulate Ellen Leibovitch on this notable accomplishment further recognizing her as one of South Florida’s top attorneys.

Lifestyle Media Group honors lawyers, law firms and corporate general counsel who have achieved excellence in law.

The Firm will be in attendance at Nova Southeastern University, on January 21, 2014, when all the Honorees selected will be recognized at the ceremony.

Ellen Leibovitch and I have been friends since we first practiced together in the late 1990s at a prior firm.  We at the firm we very pleased to have her join us in early 2012 to head the firm’s Labor & Employment Practice Group.  Having Ellen Leibovitch, a Board Certified SuperLawyer, as the head of the labor and employment department has been instrumental in the firm being able to offer the highest level of quality labor & employment related counsel to our clients.

Ellen Leibovitch practice is concentrated on labor and employment law counseling and litigation, as well as commercial and business litigation.

Ms. Leibovitch counsels and assists clients on the full-range of labor and employment matters.  As part of her practice, Ellen Leibovitch drafts, analyzes, and critically evaluates employee handbooks.  Ms. Leibovitch prepares employment agreements, as well as non-compete, confidentiality, severance, separation, independent contractor and other employment-related agreements.

The factors considered for the award are:

1. Supporting material, covering statements and evidence supplied
2. Amount of documented activity when compared to industry peers
3. Involvement in significant legal cases and legal activity
4. Recognized legal expertise (by peer group)
5. Innovation in client care
6. Size (value) of involvement within transactions, deals and cases
7. Previous accolades and entries within recognized legal guides


DATE:                        Tuesday, January 21, 2014.

PLACE:                      Nova Southeastern University

TIME:                          Reception – 5:30pm at Huizenga Business School Atrium

Awards Ceremony – 7:00pm at the Miniaci Theater

Pic - Ellen Finalist Leaders In Law (00107849) 

Please join us at this exciting ceremony. 



Email: ena@assoulineberlowe.com


Intellectual Property, Labor & Employment Law, Bankruptcy, Commercial Litigation, and Corporate Law

Miami · Ft. Lauderdale · Boca Raton

Miami: 305-567-5576

Ft. Lauderdale: 954-929-1899

Boca Raton: 561-361-6566

Super Lawyers
Eric N. Assouline
Business Litigation

Thank you Ellen Leibovitch for all your hard work!

To reach Ellen Leibovitch, by email: eml@assoulineberlowe.com or by telephone: 561-361-6566.


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Florida Circuit Court Boot Camp – CLEs Available


Florida State Court Trial Litigation Attorney

Dear Friends & Colleagues,

One of the things you don’t learn in law school is how to litigate in state court. As you know, for newer attorneys, it can be sink or swim. Help the associates at your firm (or attorneys newer to state court) swim faster! Join me at the upcoming Pincus Professional Education program: The Circuit Court Boot Camp: A Practical Trial Litigation Skills Program.

Taught by a Circuit Court judge and attorneys from both sides of the aisle, this information-packed seminar will teach the practical skills and strategies needed  to be successful in state trial court – from developing case themes and drafting papers to voir dire, jury instructions and effectively planning for appeal.

As a speaker, I am happy to offer a discount to anyone interested in attending. Please use code CCFLFOS when registering and a 20% discount will be applied to the cost of registration.

“I am a 20+ year general counsel. I don’t typically enjoy seminars, but this was excellent.”
– D. Griffin, Esq.

“I loved how practical the seminar was. Speakers had great experience-based knowledge to provide.”
– K. Taustin, Esq.

“Excellent!!! Extremely engaging and helpful for the plaintiff tips on trial presentation. Liked demos on exhibit use and opening statements.”
– L. Billings, Esq.

Circuit Court Boot Camp: A Practical Trial Litigation Skills Program
May 23, 2013, 9:00 a.m. – 4:45 p.m.
Crowne Plaza Hotel Fort Lauderdale Airport / Cruise Port, 455 S.E. 24th Street, Fort Lauderdale
Click here for more information or to register.

The agenda includes:

  • Introduction, Basic Overview, Case Themes
  • Drafting your Papers
  • The Biggies
  • Other Motions
  • Oral Argument
  • Discovery Considerations      for Trial – Strategy suggestions
  • Heading to Trial
  • Pre-Trial Matters
  • Trial Presentation
  • Post-Trial Motions and      Creating and Preserving a Good Record for Appeal

I hope to see you there.


Eric N. Assouline, Esq.

Litigation Partner
Assouline & Berlowe, P.A.

Pincus Professional Education certifies this seminar is pending approval for 7.0 hours of general Florida MCLE credit, including 0.5 hour of ethics credit.
For additional information:

In Miami: 305-567-5576

In Broward: 954-929-1899

In Palm Beach: 561-361-6566



Intellectual Property, Labor & Employment Law, Bankruptcy, Commercial Litigation, and Corporate Law

Miami · Ft. Lauderdale · Boca Raton

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Filed under Business Litigation