The Companionship Services Exemption: On the Verge of Extinction?

Recently, the Department of Labor (the “DOL”) issued a Notice of Proposed Rulemaking (the “Notice”) that would prohibit third party employers from using the “companionship services” exemption to the minimum wage and overtime requirements of the Fair Labor Standards Act (the “FLSA”).  Currently, Section 13(a)(15) of the FLSA provides third party employers with both a minimum wage and an overtime exemption for domestic service employees who provide companionship services for individuals who, because of age or infirmity, are unable to care for themselves (“companionship services”).   

Please click here for the full bulletin on Benesch’s website.

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