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Kline and Walberg Question Labor Department on FLSA Regulation

Dear Secretary Solis:


On April 26, 2010, the U.S. Department of Labor (DOL) published its Spring 2010 Semiannual Regulatory Agenda in the Federal Register.  This agenda noted DOL’s intention to issue a Notice of Proposed Rulemaking (NPRM) entitled Application of the Fair Labor Standards Act to Domestic Service (the “anticipated rulemaking”).  It is our understanding that the anticipated rulemaking would change the regulatory definition of “companionship services” for the domestic service overtime exemption under the Fair Labor Standards Act of 1938.

Given the significant impact the anticipated rulemaking could have on those who provide home-based companionship services to seniors and those who avail themselves of such services, stakeholders and members of this committee have continuously asked DOL for more information.  Yet, despite these requests, DOL has not provided further information regarding the anticipated rulemaking and its potential impact on recipients of home-based care and domestic service employees. In addition, during its Spring 2011 regulatory agenda “webchat” and subsequent “listening sessions” on the anticipated rulemaking, DOL failed to provide substantive responses to questions raised by interested parties.

To read the rest of the letter, click here.

To read the department's response, click here

To read a follow-up letter by Chairman Kline and Chairman Walberg, click here

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