Companionship Exemption Regulations Vacated: Employment Law Manual Updated

Author: Michael Cardman, XpertHR Legal Editor

A federal district court has vacated regulations from the US Department of Labor (DOL) that would have narrowed the duties a companionship services provider may perform to qualify for an exemption from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). The regulations also would have limited the exemption to companions employed by the family or household using his or her services.

The Employee Classification section of the Employment Law Manual and How to Determine if an Employee Qualifies for the Companionship Services Exemption have been updated as a result of this development.

In addition, the Recordkeeping for Employment Compensation Purposes section of the Employment Law Manual has been updated to reflect another DOL regulation that took effect January 1, 2015. That regulation, which was not struck down by the court, revised the recordkeeping requirements for live-in domestic help, such as babysitters, cooks, waiters, butlers, nannies, nurses and personal care aides.