On 12/15/14 the U.S. Department of Health and Human Services’ Office for Civil Rights, together with the U.S. Department of Justice’s Civil Rights Division will issue joint guidance regarding Olmstead and the implementation of the Department of Labor’s Fair Labor Standards Act (FLSA) regulatory revisions finalized October 1, 2013 (effective on January 1, 2015). [see letter below] This guidance allows for a non-enforcement period of up to a year, and is intended to encourage public entities to consider their obligations and individual’s rights under the integration mandate of Title II of the Americans with Disabilities Act and the 1999 landmark Supreme Court decision, Olmstead v. L.C.
This guidance is also available through DOJ’s Information and Technical Assistance on the Americans with Disabilities Act website at http://www.ADA.gov.