TASH Webinar on Home Care Final Rule and Shared Living Was a Hit!

On Friday, May 23, TASH hosted a webinar on Home Care Final Rule and Shared Living Guidance. Presented by Laura Tatum and Michael Hancock from the Department of Labor (DOL), the webinar was a thorough review of the home care Final Rule and the Department of Labor’s guidance regarding shared living arrangements. The Fair Labor Standards Act (FLSA) is the federal law that requires employers to pay employees minimum wage and overtime. It already applies to some home care services and as of January 1, 2015, it will apply to a broader range of services. Two exemptions from FLSA that are relevant to home care work have been updated. In addition, the definition of companionship services has been revised, as well as the definition of what constitutes a live-in domestic service employee. Under the Final Rule, exemptions to home care work have been defined and updated, as well as who may claim the exemptions.

Due to many questions about the Final Rule’s effect on shared living and adult foster care programs, the DOL has recently released guidance regarding the application of FLSA to shared living arrangements, including foster care and paid roommate situations. To view the guidance go here.

TASH members who have supported people to live in the community, using shared living and other creative arrangements will want to understand the details of this new rule and how it applies to them.

For answers to frequently asked question go here

Additional questions about home care or shared living can be sent to homecare@dol.gov