The U.S. Labor Department has now announced that, beginning on November 12, it will start enforcing its revised regulations governing the FLSA's Section 13(a)(15) "companionship" exemption and Section 13(b)(21) overtime exemption for "live-in domestics".
Even though regulatory changes in these exemptions are now in effect, the U.S. Labor Department says that it will not bring any enforcement actions for a 30-day period following the date that the District of Columbia U.S. Court of Appeals issues its mandate to the lower federal court.
The U.S. Court of Appeals for the District of Columbia Circuit held that the USDOL acted within its statutory authority with respect to its new "companionship" exemption regulations to the dismay of third-party employers.
A District of Columbia federal judge has scuttled key aspects of the U.S. Labor Department's revised rule that was designed to extend the FLSA's minimum-wage and overtime requirements to many previously-exempt home care workers starting January 1, 2015.
A federal district judge has held that the U.S. Labor Department exceeded its authority by attempting to preclude third-party employers from invoking the FLSA's Section 13(a)(15) "companionship" exemption and its Section 13(b)(21) overtime exemption for "live-in domestics".
Contrary to the implications in some reporting on the matter, the effective date of changes in the regulatory definitions of the federal Fair Labor Standards Act's Section 13(a)(15) "companionship" exemption has not been postponed.
The U.S. Labor Department has published guidance on the FLSA-related nuances of "shared living" arrangements.
The U.S. Labor Department is issuing its Final Rule re-stating the requirements for and limitations upon the FLSA's "companionship" exemption.
It might not be too late to influence the U.S. Labor Department's final regulatory revisions relating to the application of the FLSA's Section 13(a)(15) "companionship" exemption.
Now that the election is behind us, employers should consider what they might anticipate in the field of wage-hour law.