Application of the Fair Labor Standards Act to Domestic Service

2 organizations filed 2 public comments on Application of the Fair Labor Standards Act to Domestic Service, at the Wage and Hour Division. The comment window closed 5242d ago.

Abstract

The Department of Labor (the Department) proposes to revise the current Fair Labor Standards Act (FLSA or the Act) regulations pertaining to the exemption for companionship services and live-in domestic services. These exemptions were enacted in 1974 at the same time that Congress amended the FLSA to extend coverage to domestic service employees employed by private households. The regulations governing these exemptions have been substantively unchanged since they were promulgated in 1975. The Department has re-examined the regulations and determined that the regulations, as currently written, have expanded the scope of the exemption beyond those employees whom Congress intended to exempt when it enacted §§ 13(a)(15) and 13(b)(21) of the FLSA. Therefore, the Department proposes to amend the regulations to revise the definitions of ‘‘domestic service employment’’ and ‘‘companionship services.’’ The Department also proposes to clarify the type of activities and duties that may be considered ‘‘incidental’’ to the provision of companionship services. In addition, the Department proposes to amend the record-keeping requirements for live-in domestic workers. Finally, the Department proposes to amend the regulation pertaining to employment by a third party of companions and live-in domestic workers. This change would continue to allow the individual, family, or household employing the worker’s services to apply the companionship and live-in exemptions and would deny all third party employers the use of such exemptions.

Commenters (2)

• National Federation of Independent Businesstrade assoc.

  1 filing · confidence 97%
• U.S. Chamber of Commerce

  1 filing · confidence 97%