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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
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