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DOL Proposes Rule to Return Home Healthcare Agency Workers to FLSA Exempt Status
On July 2, 2025, the U.S. Department of Labor (DOL)’s Wage and Hour Division (WHD) issued a proposed rule that would allow third-party home healthcare providers to rely on the domestic service exemption that existed under the Fair Labor Standards Act (FLSA) implementing regulations issued before 2013, and expanding the definition of “companionship services” to include the provision of fellowship, protection, and care. In 2013, the WHD revised its rules and reclassified home healthcare providers as nonexempt under the FLSA, meaning the providers are entitled to minimum wages and overtime.
