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DOL/ESA RIN: 1215-AA82 Publication ID: Fall 1997 
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: Final 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:
Action Date FR Cite
NPRM  12/30/1993  58 FR 69310   
NPRM Comment Period End  02/28/1994    
NPRM Second  09/08/1995  60 FR 46797   
Final Rule  09/08/1995  60 FR 46766   
Final Action  03/00/1998    
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