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.
There have been further developments regarding the U.S. Department of Labor's proposed regulation that would drastically limit the FLSA's Section 13(a)(15) "companionship" exemption.
The U.S. Labor Department has further extended to March 21, 2012 the time for commenting upon provisions that would essentially spell the end of the FLSA exemptions for companions and live-in domestic-service workers.
The deadline is set for submitting comments on proposed provisions that would drastically limit the FLSA's exemptions for "companionship" workers and live-in domestic employees.