The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently issued a proposed rule that would substantially reduce overtime obligations for third-party home healthcare providers. The proposed rule would repeal DOL regulations from 2013 and allow such providers to rely on the domestic service exemption that existed under the Fair Labor Standards Act (FLSA) implementing regulations issued before 2013. The proposed rule would further expand the definition of “companionship services” to include the provision of fellowship, protection, and care, essentially reverting to the broader pre-2013 definition of the companionship exemption. Prior to 2013, companionship services could include dressing, feeding, and similar personal care activities.

If finalized, these changes, among othe

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