(a) It is clear from the legislative history that the Act's new
coverage of domestic service employees is limited to those persons who
perform such services in or about the private household of the employer.
Accordingly, if such services are performed away from the employer's
permanent, or temporary household there is no coverage under sections
6(f) and 7(l) of the Act. A typical example would be an individual who
cares for the children of others in her own home. This type of
operation, however, could, depending on the particular facts, qualify as
a preschool or day care center and thus be covered
under section 3(s)(1)(B) of the Act in which case the person providing
the service would be required to comply with the applicable provisions
of the Act.
(b) An individual in a local neighborhood who takes four or five
children into his or her home, which is operated as a day care home, and
who does not have more than one employee or whose only employees are
members of that individual's immediate family is not covered by the Fair
Labor Standards Act.
[40 FR 7405, Feb. 20, 1975, as amended at 60 FR 46768, Sept. 8, 1995]
