About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

GAO-14-141R 1 (2013-10-30)

handle is hein.gao/gaobadpvr0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-325223 October 30, 2013 The Honorable Tom Harkin Chairman The Honorable Lamar Alexander Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable John Kline Chairman The Honorable George Miller Ranking Member Committee on Education and the Workforce House of Representatives Subject: Department of Labor, Wage and Hour Division: Application of the Fair Labor Standards Act to Domestic Service Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Labor (Labor), Wage and Hour Division entitled Application of the Fair Labor Standards Act to Domestic Service (RIN: 1235-AA05). We received the rule on September 30, 2013. It was published in the Federal Register as a final rule on October 1, 2013, with an effective date of January 1, 2015. 78 Fed. Reg. 60,454. The final rule revises Labor's 1975 regulations implementing amendments to the Fair Labor Standards Act (FLSA or the Act) to better reflect congressional intent given the changes to the home care industry and workforce since that time. In 1974, Congress extended the protections of the Act to domestic service employees, but it exempted from the Act's minimum wage and overtime provisions domestic service employees who provide companionship services to elderly people or people with illnesses, injuries, or disabilities who require assistance in caring for themselves, and it exempted from the Act's overtime provision domestic service employees who reside in the household in which they provide services. Most significantly, Labor is revising the definition of companionship services to clarify and narrow the duties that fall within the term; in addition, third-party employers, such as home care agencies, will not be able to claim either of the exemptions. The major effect of the final rule is that more domestic service workers will be protected by the FLSA's minimum wage, overtime, and recordkeeping provisions. Enclosed is our assessment of Labor's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the procedural steps taken indicates that Labor complied with the applicable requirements. GAO-14-141R

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most