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DOL/WHD

RIN: 1235-AA05

Publication ID: Spring 2011

Title: Application of the Fair Labor Standards Act to Domestic Service
Abstract: Fair Labor Standards Act (FLSA) section 13(a)(15) provides an exemption from minimum wage and overtime compensation for domestic employees engaged in providing companionship services. FLSA section 13(b)(21) provides an exemption from overtime compensation for live-in domestic employees. In light of significant changes in the home care industry, the DOL is proposing to update regulations at 29 CFR part 552, Application of the FLSA to Domestic Service, including examining the definition of "companionship services," the criteria used to judge whether employees qualify as trained personnel who are not exempt companions, and the applicability of the exemption to third party employers.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined	Unfunded Mandates: Undetermined
CFR Citation: 29 CFR 552
Legal Authority: 29 USC 213 (a)(15)    29 USC 213 (b)(21)

Legal Deadline:  None

Timetable: Action Date FR Cite NPRM  10/00/2011

Additional Information: Previously reported as 1215-AB85.
Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Federal, Local, State
Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Mary Ziegler Assistant Administrator, Office of Policy, Wage and Hour (WHD) Department of Labor Wage and Hour Division 200 Constitution Avenue NW., Room S-3502, FP Building, Washington, DC 20210 Phone:202 693-0406 Fax:202 693-1387