On October 1, 2013 the Department of Labor published a final
rule regarding the companionship services exemption to clarify and narrow the
duties that fall within the term: in addition third party employers, such as
home health agencies, will not be able to claim the exemption. The major effect of this Final Rule is that
more domestic service workers will be protected by the Fair Labor Standards Act
(FLSA) minimum wage, overtime, and recordkeeping provisions. The rule goes into effect on January 1, 2015.
If a person is employed directly by the person, they have
the opportunity to obtain a companionship exemption if the personal care
services are less than 20% of the total amount of services provided.
This is a very detailed ruling. We will be adding this to one of our new
DixonHSI-LIVE events. Look for more
information about this topic in the future.
For more information please utilize the following link:
http://www.gpo.gov/fdsys/pkg/FR-2013-10-01/pdf/2013-22799.pdf
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