The U.S. Department of Labor (DOL) plans to review the companionship exemption to the Fair Labor Standards Act (FLSA), according to the latest DOL regulatory agenda.

Page 15 of the agenda (pdf) indicates that a proposed rule is likely to be issued for comment by October 2011.

Since 1975, the companionship exemption to the FLSA has explicitly prevented home care workers from receiving guaranteed minimum wage and overtime protections.

The DOL’s latest agenda, however, states that “in light of significant changes in the home care industry,” the DOL will consider examining and perhaps updating the FLSA to include home care workers.

“Home care workers are one of America’s fastest growing workforces — as well as one of the most under-paid and under-protected,” said Steve Edelstein, PHI policy director. “Ending their exclusion from basic wage and hour protections is long overdue. Including this issue in their regulatory agenda represents a first step in the right direction by the DOL.” (click on link to read full story)