Proposed Rule on Minimum Wage and Overtime Protections for In-Home Care Workers

On December 15, the U.S. Department of Labor announced that it intends to publish a Notice of Proposed Rulemaking that would provide minimum wage and overtime protections for nearly two million workers who provide in-home care services.  The proposal would revise the companionship and live-in worker regulations under the Fair Labor Standards Act to more clearly define the tasks that may be performed by an exempt companion, and to limit the companionship exemption to companions employed only by the family or household using the services.  In addition, the Department proposes that third party employers, such as in-home care staffing agencies, could not claim the companionship exemption or the overtime exemption for live-in domestic workers, even if the employee is jointly employed by the third party and the family or household.  The proposed rule has not yet been published in the Federal Register.  More information is available at http://www.dol.gov/whd/flsa/companionNPRM.htm.

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