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Fair Labor Standards Act Update

County Personnel Administrators Association of California (CPAAC) Fall Conference| September 17, 2015
Presented by: Jack Hughes

IHSS Homecare Worker Overtime
Eligibility

In 1975, the Federal Department of Labor adopted two
regulations exempting homecare workers from FLSA
overtime:

1. Companionship Services: (§ 213(a)(15).) “Those services
which provide fellowship, care, and protection for a person
who, because of advanced age or physical or mental
infirmity, cannot care for his or her own needs. …Such
services may include household work related to the care of
the aged or infirm person such as meal preparation, bed
making, washing of clothes, and other similar services.”
(29 C.F.R. § 552.6 (2014).)

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IHSS Homecare Worker Overtime
Eligibility

In 1975, the Federal Department of Labor
adopted two regulations exempting homecare
workers from FLSA overtime:

2. Live-In Workers: (§ 213(b)(21).) Individuals “who
[were] employed by an employer other than the
family or household using their services.” (29
C.F.R. § 552.109(a), (c) (2014).)

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