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We Count on Home Care

We Count on Home Care

Time-Limited Non-Enforcement Policy

Update: As discussed in the Federal Register Notice published on 9/14/2015, the Department will not begin enforcement of the Final Rule until 30 days after the Court of Appeals opinion becomes effective.

The Department of Laborís (Department) Final Rule amending regulations regarding domestic service employment, 78 FR 60454, October 1, 2013, which extends Fair Labor Standards Act (FLSA) protections to most home care workers, will become effective on January 1, 2015.

The Department has announced that it will publish a Federal Register notice announcing a time-limited non-enforcement policy. For six months, from January 1, 2015 to June 30, 2015, the Department will not bring enforcement actions against any employer as to violations of FLSA obligations resulting from the amended regulations.

For the following six months, from July 1, 2015 to December 31, 2015, the Department will exercise prosecutorial discretion in determining whether to bring enforcement actions, with particular consideration given to the extent to which States and other entities have made good faith efforts to bring their home care programs into compliance with the FLSA since promulgation of the Final Rule.

Throughout the 12-month duration of this policy, the Department will continue extensive outreach and technical assistance efforts, in particular with States regarding publicly funded home care programs.