Fair Labor Standards Act

The GAO released a report on the impacts of the 2013 regulation that revised the domestic service employment and companionship services under the Fair Labor Standards Act (FLSA). This rule, which became effective in 2015, had the effect of extending minimum wage and overtime protections to a broader range of home care workers, many of whom provide Medicaid-funded home and community based services (HCBS).

This report is a follow-up to NCD's 2012 report discussing Section 14(c) of the Fair Labor Standards Act. This 2018 report assesses the status of Section 14(c) employment, explores trends regarding American workers with disabilities being paid below minimum wage, and highlights recent policy changes impacting this employment model. NCD also makes recommendations for building capacity for supported employment services and changing pay structures.

The Department of Labor (DOL) released a Home Care Guide that offers information about the Fair Labor Standards Act (FLSA) and the responsibilities that consumers who use the services of a home care worker and their families must follow. Included in the guide is information about the background of who needs this guide, who needs to follow the FLSA rules, and tips on how to follow the FLSA rules.