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The United States Department of Labor (DOL) holds significant discretion over how the companionship exemption is interpreted and applied in the workplace. Under the DOL's current interpretation, the companionship exemption applies to most home care workers (also known as personal care assistants), allowing their employers—unless they are in a state with regulations superseding those at the ...
Since 1974 until 2015, home care work was classified as a "companionship service" and exempted from federal overtime and minimum wage rules under the Fair Labor Standards Act. The Supreme Court considered arguments on the companionship exemption in a case brought by a home care worker represented by counsel provided by Service Employees ...
The rule significantly raises the salary level that workers could earn and still qualify for overtime. The new rules don’t take effect immediately. And they won't benefit everyone.
The state of California's overtime laws differ from federal overtime laws in many respects, and they involve overlapping statutes, regulations, and precedents that govern the compensation of employees in California. Governing federal law is the Fair Labor Standards Act (29 USC 201–219) California overtime law is codified in provisions of:
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The rule would have required employers to pay overtime premiums to salaried workers who earn less than $1,128 per week, or about $58,600 per year, when they work more than 40 hours in a week ...
The Fair Labor Standards Act of 1938 29 U.S.C. § 203 [1] (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. [2] [3] It also prohibits employment of minors in "oppressive child labor". [4]
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