Gutting The Companion-Care Exemption

Law360, New York (January 18, 2012, 1:27 PM EST) -- On the heels of the White House’s Dec. 15, 2011, announcement that the U.S. Department of Labor’s Wage and Hour Division intends to narrow the companionship and live-in worker regulations under the Fair Labor Standards Act (FLSA), the DOL published its Notice of Proposed Rulemaking on Dec. 27, 2011.

The notice seeks to end the exemption to FLSA overtime and minimum wage requirements for employees who provide companion care to the elderly.

Current Law

Congress amended the FLSA in 1974 to extend minimum wage and overtime...
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