DOL Proposes Rescinding Obama-Era Rule That Narrowed FLSA Exemption for Companion Care Workers

July 9, 2025

What's New

The Department of Labor has proposed rolling back Obama-era changes to Fair Labor Standards Act (FLSA) regulations on companionship services. When domestic workers were brought under FLSA protections, Congress carved out an exemption for companionship care—defined as providing fellowship, care, and protection to seniors and individuals with disabilities.

The 2013 rule narrowed the exemption by:

Limiting it to workers employed directly by care recipients, and
Restricting exempt status if over 20% of time was spent on caregiving tasks.

The new proposal would undo those restrictions, restoring the broader exemption. Public comments will be accepted through September 2, 2025.

What It Means

If finalized, third-party employers will once again be able to classify companion care workers as exempt under the FLSA.

What You Should Do

CWC does not intend to submit comments on the proposal but will reconsider if there is sufficient member interest. Send your input to [email protected].

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