Bills · 2013-2014 Regular Session
Relating to: the exemption of companionship services providers from the overtime pay requirements of the wage and hours laws and requiring the exercise of rule-making authority.
Hours of labor Persons with disabilities Senior citizen Trades and occupations Workforce development, department of
- Introduced, stopped here
- Passes Senate, not reached
- Passes Assembly, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
Current law requires the Department of Workforce Development (DWD), to
promulgate rules requiring employers to pay employees 1.5 times their regular rates
of pay for all hours worked in excess of 40 hours per week (overtime pay).
Similarly, the federal Fair Labor Standards Act (FLSA) requires employees to
pay employees overtime pay, but regulations promulgated under the FLSA exempt
from the overtime pay requirement employees who are employed to provide
fellowship, care, and protection for a person who, because of advanced age or physical
or mental infirmity, cannot care for his or her own needs and who spend less than 20
percent of their total weekly hours worked on general household work
(companionship services providers).
This bill requires DWD to promulgate rules exempting companionship services
providers from state overtime pay requirements in the same manner as those
providers are exempt from those requirements under the FLSA.