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Update California AB 889 Domestic Workers' Rights Bill

Posted by Kathy Webb on 7/11/11 9:41 AM

HomeWork Solutions continues to track California's AB 889, coined the "Domestic Workers' Rights Bill" as it travels through the state legislature.

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Topics: nanny employment practices, domestic workers bill of rights, companionship services, companionship exemption

FLSA "Companionship Exemption" Faces Repeal

Posted by Kathy Webb on 7/5/11 12:02 PM

The Fair Labor Standards Act (FLSA), as amended in 1974, offers minimum wage and overtime protections to most household, or domestic, workers. What this means is that nannies, housekeepers, maids and other household employees are all protected under Federal minimum wage provisions, and that come and go (live out) domestics are entitled to the overtime differential (150% of hourly wage) for hours worked over 40 hours in a 7 day work week. A notable exception to this 1974 amendment was live in "companionship care" - companionship care for elderly and disabled individuals to allow them to continue to reside in their home, rather than moving to a residential care setting. This specific class of domestic workers were exempted from both the minimum wage and overtime protections of the FLSA. It is important to note that state legislation in CA, MD, NJ and NY all extend minimum wage and/or overtime protections to domestic workers in their state.

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Topics: elder care, senior caregivers, homecare, companionship services, companionship exemption

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