No, third party employers are not entitled to claim either the companionship services or live-in domestic service employee exemptions under this Final Rule. Individuals or members of a family or household using the services, however, may claim the minimum wage and overtime exemption for companionship services under the Final Rule as long as the employee meets the “duties test.” Similarly, individuals, families, or households, may claim the live-in domestic service employee exemption under the Final Rule as long as the employee meets the residency requirements. This means that an individual consumer, family, or household who may properly claim the companionship services or live-in domestic service employee exemptions will not be liable for minimum wage or overtime pay obligations related to those exemptions, regardless of whether the consumer employs the worker solely or jointly with a third party.
October 2018
Tags: Home Care
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