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Department of Labor Proposes Changes to Minimum Wage and Overtime Regulations for Companionship and Live-In Workers

Author: Elizabeth Milito Date: February 15, 2012

Read the Proposed Rule of the Application of FLSA to Domestic ServiceThe 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.

 

Submit a Comment to the DOL

Submit a Comment to DOL

DOL is seeking comments from the public, regarding the impact of this rule on small businesses. Comments on the proposed rule are due to DOL by February 27, 2012.

 

For additional information:
 

 

 

February 16, 2012

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