DOL Halts Enforcement of Obama-era Home Care Rules

August 11, 2025

What's New

The Department of Labor’s Wage and Hour Division (WHD) has released a Field Assistance Bulletin (FAB) instructing field offices to stop enforcing regulations from 2013 that narrowed Fair Labor Standards Act (FLSA) exemptions for companions and live-in domestic workers. These rules had limited exemptions for workers hired directly by care recipients (rather than through home care agencies) and who spent no more than 20% of their time on performing caregiving duties.

This shift aligns with DOL’s proposed rollback of the Obama-era rule, signaling that a broader exemption may be reinstated.

What It Means

Effective immediately, WHD will:

• Cease enforcement of the 2013 rule, including ongoing investigations; and
• Avoid pursuing actions against third-party employers (home care agencies) that are claiming the exemption.

However, private lawsuits under the regulations from 2013 remain possible until the rollback is finalized.

What You Should Do

Employers should continue to comply with the rules from 2013 unless and until DOL rescinds them. Employers should also review state and local laws, which may impose stricter standards than federal regulations.

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