• White House Announces Proposed Rule to Revise Companionship and Live-In Worker Regulations
  • March 12, 2012 | Author: Joseph F. Spitzzeri
  • Law Firm: Johnson & Bell, Ltd. - Chicago Office
  • The White House recently announced that the U.S. Department of Labor’s Wage and Hour Division intends to publish a Notice of Proposed Rulemaking that would provide minimum wage and overtime protections for nearly two million workers who provide in-home care services for the elderly and infirm. The proposal will revise the companionship and live-in worker regulations under the Fair Labor Standards Act to more clearly define the tasks that may be performed by an exempt companion, and to limit the companionship exemption to companions employed only by the family or household using the services.  In addition, the Department proposes that third party employers, such as in-home care staffing agencies, could not claim the companionship exemption or the overtime exemption for live-in domestic workers, even if the employee is jointly employed by the third party and the family or household.

    Upon publication, interested parties will be invited to submit written comments on the proposed rule at www.regulations.gov.  Only comments received during the comment period identified in the Federal Register published version of the Notice of Proposed Rulemaking will be considered part of the rulemaking record.

    More information is available at the Proposed Rule Website for the U.S. Department of Labor.