UPDATE: Since this Wage Hour Report went to press, the comment deadline was extended again, to Wednesday, March 21, 2012.
Monday, March 12, is the deadline to comment on the Obama Administration's proposed rule that would amend the companionship and live-in worker regulations under the Fair Labor Standards Act. Under the current regulations, companions for the aged and infirm are exempt from the FLSA's minimum wage and overtime requirements, and live-in domestic workers are exempt from the FLSA overtime rules. The thrust of the proposed changes to the regulations is to:
- More clearly define the tasks that may be performed by an exempt companion; and
- Limit the companionship exemption to companions employed only by the family or households using the services. That is, third party employers, such as in-home-care staffing agencies, could not claim the exemption even if the employee was jointly employed by the third party and the family or household.
Please see full publication below for more information.