The United States Department of Labor has proposed changing the minimum wage and overtime rules for nearly two million workers who provide in-home care services for the elderly and infirm. Currently, there is a limited exemption from both the minimum wage and overtime pay requirements of the Fair Labor Standards Act, the federal wage and hour law, for casual babysitters and companions for the aged and infirm, and an exemption from the overtime pay requirement only for live-in domestic workers.
The new rule would limit the companionship exemption to companions employed only by the family or household using the services. Third-party employers, such as in-home care staffing agencies, could not exempt companions and live-in domestic workers from overtime, even if the employee is jointly employed by the third party and the family or household.
For additional information:
- • Read the proposed rule from the Federal Register
- • See the Press Release from the White House Website
- • Frequently Asked Questions from DOL’s Website
- • Submit Comments to DOL Electronically
- • Visit Regulations.gov - the Federal government’s one stop site to comment on Federal regulations
February 16, 2012