“Companionship services” also includes the provision of care services under the following conditions:
- The care is provided attendant to and in conjunction with the provision of fellowship and protection;
- The care is limited to assistance with activities of daily living (ADLs) (such as dressing, grooming, feeding, bathing, toileting, and transferring) and instrumental activities of daily living (IADLs), which are tasks that enable a person to live independently at home (such as meal preparation, driving, light housework, managing finances, assistance with the physical taking of medications, and arranging medical care); and
- The time the domestic service worker spends providing care to the person is no more than 20 percent of his or her hours worked for the person during the workweek.
For example, Sue, a direct care worker employed solely by Ms. Jones, regularly works 35 hours per week in Ms. Jones’ home. Sue primarily provides fellowship and protection to Ms. Jones. If she also spends no more than 7 hours per week (20% of her work time for Ms. Jones) providing assistance to Ms. Jones with ADLs and IADLs, she is providing care within the scope of the definition of companionship services, and Ms. Jones is not required to pay her minimum wage and overtime compensation.
October 2018
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