Since publication of the Home Care Final Rule, the Department of Labor has led an unprecedented implementation program to engage stakeholders and to develop compliance materials to meet employers’ needs. In this process, the Department has received questions from the public regarding whether and when home care workers must be paid for time they spend sleeping. In response to these questions, the Department has issued new guidance. The guidance describes the broadly-applicable rules governing under what circumstances an employer may exclude sleep time from an employee’s hours worked under the Fair Labor Standards Act (FLSA) and, if exclusion is permissible, how many hours may be excluded. The guidance provides explanations and examples from the domestic service context.
May 2, 2016
LeadingAge DC Executive Director