DOL Delays Enforcement of the Companionship Exemption Rule

The Department of Labor (DOL) issued an announcement of change to the Fair Labor Standards Act (FLSA) to Domestic Service; which included a Time-Limited Non-Enforcement Policy.  As we previously shared, this rule was enacted to provide protections to most home care workers and modified the definition of companionship services. This rule goes into effect on Jan. 1, 2015; this did not change. What has changed is the DOL enforcement of the new rule. According to the DOL announcement:

"For six months, from January 1, 2015 to June 30, 2015, the Department will not bring enforcement actions against any employer as to violations of Fair Labor Standards Act (FLSA) obligations resulting from the amended regulations. 

For the following six months, from July 1, 2015 to December 31, 2015, the Department will exercise prosecutorial discretion in determining whether to bring enforcement actions, with particular consideration given to the extent to which States and other entities have made good faith efforts to bring their home care programs into compliance with the FLSA since promulgation of the Final Rule." 

As a reminder, DOL has created a web page for home care providers which contains fact sheets, webinar posting and other resources.

LeadingAge NY has been following the latest developments regarding the implementation of the new rule and will keep you informed.

Contact: Cheryl Udell, cudell@leadingageny.org, 518-867-8871