Yesterday, the Department of Labor published its semiannual agenda of regulations that have been selected for review or development during the coming year. One of the proposed rules would significantly change the FLSA’s recordkeeping requirements. Specifically, as stated in a Wage and Hour Division Fact Sheet, the proposed rule would require “[a]ny employers that seek to exclude workers from the FLSA’s coverage . . . to perform a classification analysis, disclose that analysis to the worker, and retain that analysis to give to WHD enforcement personnel who might request it.” This would obviously be incredibly burdensome for employers.
Additionally, the DOL has indicated in a separate Fact Sheet that it intends to update its current regulations concerning health care companions. Specifically, it will “consider whether the current exemption of companions working for a party other than the family or household using the companionship services is consistent with the status of a companion in light of significant changes in the home care industry.” In other words, it is likely that the DOL will make it more difficult for an employer to classify some of its employees as exempt companions.
The DOL will likely make more information available soon, and we will update you on these developments as information is released.