DOL Final Rule Extends Minimum Wage and Overtime Protections to Direct Care Workers | Practical Law

DOL Final Rule Extends Minimum Wage and Overtime Protections to Direct Care Workers | Practical Law

The Department of Labor (DOL) issued a final rule extending the Fair Labor Standards Act's (FLSA) minimum wage and overtime protections to direct care workers. The new regulations will become effective January 1, 2015.  

DOL Final Rule Extends Minimum Wage and Overtime Protections to Direct Care Workers

Practical Law Legal Update 5-541-8745 (Approx. 3 pages)

DOL Final Rule Extends Minimum Wage and Overtime Protections to Direct Care Workers

by Practical Law Labor & Employment
Published on 17 Sep 2013 • USA (National/Federal)
The Department of Labor (DOL) issued a final rule extending the Fair Labor Standards Act's (FLSA) minimum wage and overtime protections to direct care workers. The new regulations will become effective January 1, 2015.
On September 17, 2013, the DOL announced a new final rule extending the FLSA's minimum wage, overtime and recordkeeping provisions to direct care workers.
Among other things, the new final rule:
  • Narrows the duties that fall within the definition of exempt "companionship services."
  • Provides that third-party employers, such as home care agencies, are no longer allowed to claim the companionship or domestic service exemptions.
  • Clarifies that direct care workers who perform medically-related services for which training is typically a prerequisite are not companionship workers and therefore are entitled to minimum wage and overtime protections.
According to the DOL, this amendment will enable nearly two million direct care workers, such as home health aides, personal care aides and certified nursing assistants, to receive the same protections that are already afforded to most US workers.
Practical Law's Labor & Employment team will provide a full update regarding the final rule shortly.