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ARTICLE · 23 SEPTEMBER 2013

DOL Issues Final Rule Extending Minimum Wage, Overtime To Home Care Workers

Littler Mendelson
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The Department of Labor’s Wage and Hour Division has released its final rule extending minimum wage and overtime protections under the Fair Labor Standards Act to home care workers.

United StatesEmployment and HR
Littler Mendelson, P.C.
Littler Mendelson, P.C.
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The Department of Labor's Wage and Hour Division (WHD) has released its final rule extending minimum wage and overtime protections under the Fair Labor Standards Act (FLSA) to home care workers. Under the final rule, effective on January 1, 2015, third party employers such as home care staffing agencies are not entitled to claim either the FLSA's companionship services or live-in domestic service employee exemptions. According to the WHD, the changes to current regulations will apply the FLSA's requirements to nearly two million direct care workers, including home health aides, personal care aides and certified nursing assistants.

As discussed in a set of frequently asked questions, the final rule defines "companionship services" as the provision of fellowship and protection for an elderly person or person with an illness, injury, or disability who requires assistance in caring for himself or herself. These services include provision of care "if the care is provided

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