Key Components for Comment in DOL FLSA Companionship Exemption Proposed Rulemaking

On December 27, 2011 the Department of Labor, Wage and Hour Division released a notice of proposed rule making. The proposed rules would revise the Fair Labor Standards Act (FLSA) "companionship exemption", an exemption from the minimum wage and overtime requirements of the FLSA. The proposed rules can be found here. The Department of Labor is welcoming public comments until February 27, 2012.

Some participant direction programs utilize the "companionship exemption" for certain qualifying employees and, as a result, those employees need not be paid minimum wage or overtime. These proposed rules may affect employees in those programs. This NRCPDS document is an outline highlighting components of the proposed rules, as well as selected sections from the "Preliminary Regulatory Impact Analysis of the Proposed Revisions to the Companionship Regulations" that we believe most warrant comments.