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Companionship Exemption Rules Change Comment Period Extended

Posted by Kathy Webb on 3/12/12 7:51 AM

The U.S. Department of Labor announced in December a proposed rule change that would extend minimum wage and overtime protections to cover elder care workers who currently fall under the companion exemption in the Fair Labor Standards Act. The DOL extended the comment period on its proposed rule to extend minimum wage and overtime protections to elder care workers to March 21. Originally the comment period was scheduled to close on Feb. 27. This is the second extension.

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Topics: companionship services, companionship exemption

Proposed Changes to FLSA Companionship Exemption Published

Posted by Kathleen Webb on 12/19/11 10:34 AM

 The US DOL has proposed a series of rules changes that will result in a substantial number of elder care and home care workers being covered by the Fair Labor Standards Acts' (FLSA) minimum wage and overtime protections. This continues a trend of increased regulation and enforcement in the area of domestic service employees, with an increasing number of household workers being subject to Wage and Hour protections and enforcement. The proposal more strictly limits and defines the services of a "companion," and states that household employers MUST maintain accurate and contemporaneous time tracking records and pay household staff for every hour on duty. It also states that employees of third party employers such as staffing agencies are not exempt from minimum wage and overtime protections. Public comments will be solicited when the proposal is published in the Federal Register.

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

Companionship Exemption Under Scrutiny

Posted by Kathy Webb on 10/24/11 7:40 AM
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Topics: elder care, senior caregivers, homecare, companionship services, companionship exemption

US Department of Labor Reviewing "Companionship Care" Definitions

Posted by Kathy Webb on 7/26/11 10:39 AM

The Fair Labor Standards Act (FLSA) as amended in 1974 extended minimum wage and overtime protections to most household workers.

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

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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