![]() The regulations also narrow the type of work that constitutes “companion” services. ![]() Workers employed directly by the family are still exempt from the FLSA’s overtime requirements. This means that if a family uses a third-party agency to provide companion care for a family member, the companion must be paid one and one-half times the employee’s regular rate of pay for any hours worked in excess of 40 hours per week. The revised regulations eliminate the companion exemption for any worker employed by a third-party employer. The Department of Labor, however, has decided that it must now modify its regulations to comport with Congress’ original intent. In the almost 40 years since the 1974 amendments Congress has not deemed it necessary to modify or otherwise alter the FLSA to increase or decrease its coverage with respect to companions. When Congress expanded the FLSA to cover domestic workers but not companions, the FLSA adopted regulations defining the type of work that qualified for the companion exemption. Companions, sometimes referred to as “elder sitters,” or “personal attendants”, have never been covered by the FLSA. ![]() In 1974, Congress amended the FLSA to include some, but not all, domestic workers. Since its inception, the FLSA exempted certain domestic workers (i.e., persons employed about the home). The following are a few brief highlights about the new regulations and Labor Code sections, and how they may impact the the elder care industry.
0 Comments
Leave a Reply. |