Understanding the companionship exemption
Employees that fall under the companionship exemption may not be guaranteed overtime pay or minimum wage for their time attendance. Nurses, aides and caregivers provide home healthcare services to those that cannot care for themselves because of age or infirmity. Depending on the type of services provided, employers may not be required to extend benefits to employees that are usually included in the Fair Labor Standards Act (FLSA).
The FLSA defines companionship services as services for the care, fellowship, protection of the elderly or infirmed, including meal preparation, bed making, clothes washing and other similar personal services. Employees may spend 20 percent of their total weekly hours on general housework, but if that limit is exceeded, their payroll must include overtime and minimum wage for those hours.
Certified or registered trained personal nurses do not fall under the companionship exemption. Registered nurses may be exempt because they fall under the professional category of the FLSA, while certified nurse aids or home healthcare aides may not be eligible depending on the nature of their work.
Employees who are not trained personnel, such as nurses, who care for invalid infants or young children are not considered babysitters. They are considered companions and may also fall under the umbrella of the category.
The FLSA defines companionship services as services for the care, fellowship, protection of the elderly or infirmed, including meal preparation, bed making, clothes washing and other similar personal services. Employees may spend 20 percent of their total weekly hours on general housework, but if that limit is exceeded, their payroll must include overtime and minimum wage for those hours.
Certified or registered trained personal nurses do not fall under the companionship exemption. Registered nurses may be exempt because they fall under the professional category of the FLSA, while certified nurse aids or home healthcare aides may not be eligible depending on the nature of their work.
Employees who are not trained personnel, such as nurses, who care for invalid infants or young children are not considered babysitters. They are considered companions and may also fall under the umbrella of the category.
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