Supreme Court Leaves Intact Limited Overtime Exemption for Companionship Services Providers
Author: Michael Cardman, XpertHR Legal Editor
July 7, 2016
An overtime exemption for companionship services providers -- such as home health aides, personal care aides and certified nursing assistants -- will remain limited only to those workers who are not directly employed by the family or household using their services.
- Prohibit third-party employers from claiming the Fair Labor Standards Act (FLSA) exemption for companionship services providers; and
- Narrow the range of duties that FLSA-exempt services providers may perform.
A group of trade associations had petitioned the Supreme Court to review the 2015 ruling, claiming among other things that it "renders limitless the ability of the [DOL] to rewrite the FLSA's exemptions," but the Court apparently found those arguments unpersuasive.
In an updated statement, the DOL said, "We continue to provide employers technical assistance for coming into compliance with the [companionship services providers regulations]. As with all of our enforcement actions, employers and workers can expect that we will strategically use our enforcement resources, including complaint-based and agency-initiated investigations, to achieve compliance with these new important protections."