The Department of Labor’s Wage and Hour Division has issued a Field Assistance Bulletin instructing its field offices to stop enforcing rules from 2013 that narrowed Fair Labor Standards Act exemptions for home care workers while it considers implementing a broader exemption. These rules had limited exemptions for workers who were hired directly by care recipients (rather than through home care agencies) and who spent no more than 20% of their time on performing caregiving duties.  

This shift aligns with DOL’s proposed rollback of the Obama-era rule, signaling that DOL may reinstate a broader exemption.  

Effective immediately, WHD will: 

  • Stop enforcing the 2013 rule, including ongoing investigations; and 
  • Avoid pursuing actions against third-party employers (home care agencies) that are claiming the exemption. 

However, private lawsuits under the regulations from 2013 remain possible until the rollback is finalized.  

Employers should continue to comply with the rules from 2013 unless and until DOL rescinds them. Employers should also review state and local laws, which may impose stricter standards than federal regulations.  

Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.