(a) This part provides necessary rules for the application of the
Act to domestic service employment in accordance with the following
amendments made by the Fair Labor Standards Amendments of 1974, 88 Stat.
55, et seq.
(b) Section 2(a) of the Act finds that the ``employment of persons
in domestic service in households affects commerce.'' Section 6(f)
extends the minimum wage protection under section 6(b) to employees
employed as domestic service employees under either of the following
circumstances:
(1) If the employee's compensation for such services from his/her
employer would constitute wages under section 209(a)(6) of title II of
the Social Security Act, that is, if the cash remuneration during a
calendar year is not less than $1,000 in 1995, or the amount designated
for subsequent years pursuant to the adjustment provision in section
3121(x) of the Internal Revenue Code of 1986; or
(2) If the employee was employed in such domestic service work by
one or more employers for more than 8 hours in the aggregate in any
workweek.
Section 7(l) extends generally the protection of the overtime provisions
of section 7(a) to such domestic service employees. Section 13(a)(15)
provides both a minimum wage and overtime exemption for ``employees
employed on a casual basis in domestic service employment to provide
babysitting services'' and for domestic service employees employed'' to
provide companionship services for individuals who (because of age or
infirmity) are unable to care for themselves.'' Section 13(b)(21)
provides an overtime exemption for domestic service employees who reside
in the household in which they are employed.
(c) The definitions required by section 13(a)(15) are contained in
Secs. 552.3, 552.4, 552.5 and 552.6.
(Sec. 29(b), 88 Stat. 76; (29 U.S.C. 206(f)); Secretary's Order No. 16-
75, dated Nov. 25, 1975 (40 FR 55913), and Employment Standards Order
No. 76-2, dated Feb. 23, 1976 (41 FR 9016))
[40 FR 7405, Feb. 20, 1975, as amended at 44 FR 37221, June 26, 1979; 60
FR 46767, 46768, Sept. 8, 1995]
