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DOL/ESA | RIN: 1215-AA82 | Publication ID: Fall 1998 |
Title: Application of the Fair Labor Standards Act to Domestic Service | |
Abstract: Section 13(a)(15) of the Fair Labor Standards Act (FLSA) provides an exemption from minimum wage and overtime compensation for domestic service employees engaged in providing companionship services. Section 13(b)(21) of the FLSA provides an exemption from overtime compensation for live-in domestic service employees. DOL proposed certain technical amendments to update the regulations, 29 CFR part 552, Application of the Fair Labor Standards Act to Domestic Service, and to clarify that these exemptions are applicable to third-party employers or temporary help agencies only where the domestic service worker is jointly employed by the third-party employer or temporary help agency and the family or household using their services. (58 FR 69310) After reviewing the public comments, the Department adopted technical changes to update the regulations, including a revision necessitated by recently-enacted amendments to title II of the Social Security Act under Public Law 103-387 (Social Security Domestic Employment Reform Act) 10/22/94, (see 60 FR 46766) and reopened the public comment period on proposed revisions affecting third-party employers (section 552.109). | |
Agency: Department of Labor(DOL) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 29 CFR 552 | |
Legal Authority: Sec 13(a)(15), Fair Labor Standards Act (FLSA), as amended Sec 13(b)(21), FLSA, as amended 29 USC 213(a)(15) 29 USC 213(b)(21) 88 Stat 62 Sec 29(b), FLSA of 1974 PL 93-259 88 Stat 76 |
Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State |
Included in the Regulatory Plan: No | |
Agency Contact: John R. Fraser Deputy Administrator (WHD) Department of Labor Employment Standards Administration Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone:202 693-0051 Fax:202 693-1432 |