DOL Releases

DOL Releases "Plain Language" Guide to the Home Care Rule

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DOL Releases "Plain Language" Guide to the Home Care Rule

April 1, 2016

On March 30, the Department of Labor (DOL) released a "plain language" guide titled, "Paying Minimum Wage and Overtime to Home Care Workers: A Guide for Consumers and their Families to the Fair Labor Standards Act." In the accompanying release, DOL describes this new guidance, saying, "This user-friendly guide, developed with stakeholder input, explains who needs to follow the FLSA rules and how to follow them.The guide provides examples of situations involving hiring a home care worker directly, using a home care agency, and arranging care through a self-directed program. It discusses paid providers who are family members of the consumer and who are live-in workers."

Because the rule is now final and the DOL may conduct enforcement on it, it is important that any individual, family, or other entity that may have employment obligations under the Fair Labor Standards Act understand those obligations and ensure they are in compliance with the law.