[Federal Register Volume 66, Number 78 (Monday, April 23, 2001)]
[Proposed Rules]
[Page 20411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9959]
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DEPARTMENT OF LABOR
Employment Standards Administration, Wage and Hour Division
29 CFR Part 552
RIN 1215-AA82
Application of the Fair Labor Standards Act to Domestic Service
AGENCY: Wage and Hour Division, Employment Standards Administration,
Labor.
ACTION: Proposed rule; reopening and extension of comment period.
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SUMMARY: This document reopens and extends the period for filing
written comments on proposed revisions to regulations under the Fair
Labor Standards Act (FLSA) pertaining to the exemption for
companionship services in 29 CFR Part 552, which were published in the
Federal Register on January 19, 2001 (66 FR 5481). The Department is
continuing to consider this proposal, and is taking this action in
order to obtain additional comments from interested parties.
DATES: Comments are due on or before July 23, 2001.
ADDRESSES: Submit written comments to Thomas M. Markey, Acting
Administrator, Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Attention: Fair Labor
Standards Team, Room S-3516, 200 Constitution Avenue NW., Washington,
D.C. 20210. Commenters who wish to receive notification of receipt of
comments are requested to include a self-addressed, stamped postcard,
or to submit comments by certified mail, return receipt requested. As a
convenience, commenters may transmit comments by facsimile (``FAX'')
machine to (202) 693-1432. This is not a toll free number. If comments
are transmitted by FAX and a hard copy is also submitted by mail,
please indicate on the hard copy that it is a duplicate copy of the FAX
transmission.
FOR FURTHER INFORMATION CONTACT: Richard M. Brennan, Deputy Director,
Office of Enforcement Policy, Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor, Room S-3510, 200
Constitution Avenue, NW., Washington, D.C. 20210; telephone: (202) 693-
0745. This is not a toll free number.
SUPPLEMENTARY INFORMATION: On January 19, 2001, the Department
published a Notice of Proposed Rulemaking (66 FR 5481) (NPRM) inviting
public comments for 60 days on proposed revisions to the regulations
defining and interpreting the minimum wage and overtime exemption under
section 13(a)(15) of the Fair Labor Standards Act (FLSA) for employees
employed in domestic service employment to provide ``companionship
services'' to individuals unable to care for themselves because of age
or infirmity. This exemption was enacted in 1974 at the same time that
Congress amended the FLSA to cover domestic service employees
generally. The pertinent regulations governing this exemption have not
been changed since they were promulgated in 1975. The NPRM stated that,
due to significant changes in the home care industry over the last 25
years, workers who today provide in-home care to individuals needing
assistance with activities of daily living are performing types of
duties and working in situations that were not envisioned when the
companionship services regulations were promulgated. The number of
workers providing these services has also greatly increased. In
addition, the NPRM stated that the Department had reevaluated the
regulations and determined that, as currently written, they exempted
types of employees beyond those whom Congress intended to exempt when
it enacted section 13(a)(15). Accordingly, the Department proposed to
amend the regulations to revise the definition of ``companionship
services,'' which sets out the duties that a companion must be employed
to perform in order to qualify for the exemption. The Department
proposed three alternatives for defining companionship services that
varied in the degree to which time must be spent in fellowship
activities as compared to other care duties, and requested comments on
all three alternatives. The Department also proposed to amend the
regulations to clarify the criteria used to judge whether employees
qualify as trained personnel, who are not recognized as exempt
companions. Finally, the Department proposed to amend the regulations
pertaining to employment by a third party. This change would make the
companionship services exemption inapplicable if the worker is employed
by someone other than a member of the family in whose home he or she
works. It would similarly provide that the exemption for live-in
domestics, who are exempt from the FLSA's overtime requirements
pursuant to section 13(b)(21), would not apply if they are employed by
someone other than a member of the family in whose home they reside and
work. Interested parties were requested to submit written comments on
the proposed revisions on or before March 20, 2001.
Because of continuing interest that has been expressed in this
proposal and to address requests from interested parties, the
Department believes that it is desirable to reopen and extend the
comment period for all interested parties. Accordingly, the comment
period for the NPRM published on January 19, 2001, is reopened and
extended through July 23, 2001.
Signed at Washington, DC on this 17th day of April, 2001.
Thomas M. Markey,
Acting Administrator, Wage and Hour Division, Employment Standards
Administration.
[FR Doc. 01-9959 Filed 4-20-01; 8:45 am]
BILLING CODE 4510-27-P