The Department of Labor has proposed rolling back Obama-era changes to Fair Labor Standards Act regulations on companionship services. When domestic workers were brought under FLSA protections, Congress carved out an exemption for companionship care — defined as providing fellowship, care, and protection to seniors and individuals with disabilities.
The 2013 rule narrowed the exemption by limiting it to workers employed directly by care recipients, and restricting exempt status if more than 20% of a worker’s time was spent on caregiving tasks.
The new proposal would undo those restrictions and restore the broader exemption. Public comments are due September 2. If this proposal is adopted, third-party employers will once again be able to classify companion care workers as FLSA-exempt.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.