Department of Labor Proposes Rule Change Extending Minimum Wage and Overtime Protections To Many Home Health Aides

December 15, 2011 - The Wage and Hour Division of the U.S. Department of Labor has proposed narrowing the "companionship services" exemption to the Fair Labor Standards Act minimum wage and overtime requirements.  In addition to narrowing the scope of services that would be considered "companionship," the new rule would limit the exemption to companions employed only by the family or household using the services.  Under the new rule, a third-party employer (even if it would be considered a joint employer with the household) would not be entitled to claim the exemption.

Once it has been formally published in the Federal Register, the proposed rule will be subject to public comment for a period of sixty days.