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The Department of Labor Issues Proposed Rule Expanding FLSA Coverage to Companionship and Live-In Workers
Categories: DOL Enforcement, Exemptions (General), FLSA Coverage, Wage and Hour Policies
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By Dean Silverberg, Evan Spelfogel, Peter Panken, Douglas Weiner, and Donald Krueger

Reversing its prior stance, the U.S. Department of Labor (“DOL”) proposes to extend the minimum wage and overtime requirements of the Fair Labor Standards Act (“FLSA”) to domestic workers who provide in-home care services to the elderly and infirm. See Notice of Proposed Rulemaking to Amend the Companionship and Live-In Worker Regulations. In 1974, when domestic service workers were first included in FLSA coverage, the DOL published regulations that provided an exemption for such ...

Blogs
Clock 4 minute read
Is the Department of Labor Considering a Revision to the Domestic Service Exemption for Home Health Care Aides?
Categories: Exemptions (General)
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Last summer fifteen United States senators wrote an open letter to Secretary of Labor Hilda Solis to urge the U.S. Department of Labor ("DOL") to repeal the Domestic Service exemption from the minimum wage and overtime requirements of the ("FLSA") for home health care workers. Secretary Solis has expressed support for the effort to review this exemption, with a view toward closing this "loophole."

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