With the President’s reelection, and significant new workplace law legislation unlikely given the large, divisive issues plaguing Capitol Hill, employers must remain vigilant in regard to the United States Department of Labor.  The DOL is expected to move forward aggressively with regulatory changes to implement its agenda. 

Central to the Wage and Hour Division’s portion of this agenda is the long-anticipated new rule limiting the scope of the exemption from minimum wage and overtime for domestic employees engaged in providing companionship services. The Division has set an April 2013 target date for issuance of its Final Rule on the issue. While the DOL received approximately 26,000 comments in response to this proposed rulemaking, many from employer groups hostile to the rule change, it is anticipated that the Final Rule will bring many previously-uncovered home care workers under FLSA protection, increasing business costs. The agenda also incorporates changes to Family and Medical Leave Act regulations relating to active military duty and commercial airline crew members.

We will continue to provide updates on DOL’s rulemaking efforts and other FLSA enforcement tactics as the second Obama administration gathers steam.