The commentary period closed on March 12 and since then there has been no official word, but the Department of Labor (DOL) is still seeking to roll home health care workers into the overtime and minimum wage protections of the Fair Labor Standards Act (FLSA).
The proposal would exempt individuals and families who hired nannies and caretakers, but home health care workers placed through an employment agency would enjoy the overtime and minimum wage protections of the FLSA.
DOL is proposing to update and clarify the definition of “domestic service employment” and “companionship services.” For example, the proposal would delete outdated examples of workers such as butlers and governesses, and add examples that reflect modern-day domestic occupations, such as nannies, home health aides, and personal care aides.
Again, however, the distinction FLSA-wise would be between agency-hired workers and domestically employed individuals.