FLSA Overtime Exemption is Changing for Domestic Service Workers

Effective January 1, 2015, the Fair Labor Standards Act’s overtime exemption for Domestic Service Workers is changing. The Department of Labor has issued a fact sheet which highlights the changes. Once these new changes go into effect, many Domestic Service Workers who were not previously entitled to be paid overtime will be eligible for overtime at a rate of time and one half for all hours worked in excess of 40 in a workweek. Below is a brief summary of some the changes.

  • The job responsibilities to qualify for the overtime exemption have been narrowed and therefore more people will qualify for overtime. Under these rules, the exemption can only be applied against the employee if the employee is providing fellowship or protection to an elderly person or an individual with an illness, injury or disability who needs assistance.
  • If the Domestic Service Worker performs the following work activities more than 20% of the time he may be entitled to overtime
    • dressing
    • grooming
    • feeding
    • bathing
    • toileting
    • transferring
    • meal preparation
    • driving
    • light housework
    • managing finances
    • assistance with the physical taking of medications
    • arranging medical care
  • Domestic Service Workers who work for a third party or for a staffing agency will be entitled to overtime. Under the new rules, the overtime exemption can only be claimed by an individual, family, or household solely or jointly employing the worker.
  • If the Domestic Service Worker performs medically related tasks which typically require training and are performed by medical personnel then the employee may be entitled to overtime during that week if the employee worked more than 40 hours.

If you believe you may be entitled to overtime contact the employment attorneys at Maduff & Maduff today.