Labor & Employment Law Daily Wrap Up, DOL NEWS—WHD issues new enforcement guidance on wage and hour requirements for in-home companionship and domestic service providers, (Jul 29, 2025)
Organizations Mentioned:U.S. Department of Labor
By Brandi O. Brown, J.D.
For over a decade, DOL had more narrowly interpreted FLSA exemptions covering these workers, among other things precluding third-party employers from claiming the exemption.
The Wage and Hour Division of the U.S. Department of Labor has issued a Field Assistance Bulletin to provide internal enforcement guidance to division staff, effective immediately, regarding enforcement in the home care industry.
On July 2, 2025, DOL published a Notice of Proposed Rulemaking in the Federal Register proposing to rescind regulations issued as part of a 2013 final rule. That rule had precluded third-party employers (like home care agencies) from claiming either exemption, amending 29 CFR 552.109(a) and (c), and narrowed the definition of “companionship services” that exempt companion workers could perform, amending 29 CFR 552.6.
2013 rule in the crosshairs. The agency explains in the bulletin that “to more efficiently direct WHD resources to align with agency priorities,” it is issuing this bulletin to provide enforcement guidance to field staff until the effective date of any final rule DOL issues regarding the 2013 final rule. As such, effective immediately, the bulletin states that WHD will suspend enforcement of all provisions introduced in the 2013 final rule.
Home care agencies can claim exemption. Investigators must discontinue enforcement, including open cases predating the bulletin, and must not investigate or take enforcement action against third-party employers, including home care agencies, that claim the exemptions under Sections 13(a)(15) and 13(b)(21) relating to companionship services and live-in domestic services, respectively.
Other instructions include:
For investigation purposes, exempt “companionship services” include the provision of fellowship, protection, and care.
Investigators should not consider any limits on the time home care workers spend providing “care” when determining whether companionship services are being provided. Such care may include duties related to activities of daily living, such as dressing, grooming, feeding, bathing, toileting, and transferring; and instrumental activities of daily living, such as meal preparation, light housework, managing finances, assistance with taking medications, and arranging medical care.
The bulletin is not intended and should not be interpreted to affect any investigations or other actions into possible violations of other provisions of the FLSA not implicated by the 2013 final rule, including section 215(a)(3).
Home care services provided by trained personnel, such as registered nurses or licensed practical nurses, are not affected by the bulletin and, as such, are not to be considered exempt, even when providing “companionship services.”
The enforcement guidance regarding home care investigations provided in this FAB is effective as of the FAB’s publication date and remains in effect until the effective date of any final rule the Department issues regarding the 2013 final rule.
News: AgencyNews WageHour Exemptions Overtime GCNNews