(a) The definition of domestic service employment contained in
Sec. 552.3 is derived from the regulations issued under the Social
Security Act (20 CFR 404.1057) and from ``the generally accepted
meaning'' of the term. Accordingly, the term includes persons who are
frequently referred to as ``private household workers.'' See S. Rep. 93-
690, p. 20. The domestic service must be performed in or about the
private home of the employer whether that home is a fixed place of abode
or a temporary dwelling as in the case of an individual or family
traveling on vacation. A separate and distinct dwelling maintained by an
individual or a family in an apartment house, condominium or hotel may
constitute a private home.
(b) Employees employed in dwelling places which are primarily
rooming or boarding houses are not considered domestic service
employees. The places where they work are not private homes but
commercial or business establishments. Likewise, employees employed in
connection with a business or professional service which is conducted in
a home (such as a real estate, doctor's, dentist's or lawyer's office)
are not domestic service employees.
(c) In determining the total hours worked, the employer must include
all time the employee is required to be on the premises or on duty and
all time the employee is suffered or permitted to work. Special rules
for live-in domestic service employees are set forth in Sec. 552.102.
[40 FR 7405, Feb. 20, 1975, as amended at 60 FR 46768, Sept. 8, 1995]
