Application of the Fair Labor Standards Act to Domestic Service

The Fair Labor Standards Act (FLSA) includes an exemption from minimum wage and overtime pay for domestic workers who provide “companionship services.” The FLSA separately exempts live-in domestic service workers from overtime pay. In 2013, the Department issued a rule which prohibited “third party” employers (such as home care providers) from claiming either exemption and narrowed the definition of exempt companionship services. Because the Department is concerned that the 2013 rule might not reflect the best interpretation of the FLSA and might discourage essential companionship services, the Department is proposing to return to its earlier regulations.