(a) The definition of domestic service employment contained in § 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 a private home 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 § 552.102.
[40 FR 7405, Feb. 20, 1975, as amended at 60 FR 46768, Sept. 8, 1995; 78 FR 60557, Oct. 1, 2013]
Notes of Decisions
J. Markham v. Thomas W. Wolf, 147 A.3d 1259 (Pa. Commw. Ct. 2016).
· cites it 2× “29 C.F.R. §552.101 . Prior to its amendment in January 2015, Section 552.”
Rawls v. Augustine Home Health Care, Inc., 244 F.R.D. 298 (D. Maryland 2007).
“” 29 C.F.R. § 552.101 (a)-(b). Courts addressing the companionship services exception have held that determination of whether a particular employee performs services in a private home requires a case-by-case, fact-specific inquiry.”
Frederic Fezard v. United Cerebral Palsy etc., 809 F.3d 1006 (8th Cir. 2016).
“In other words, if the client chooses to live in a dwelling controlled primarily by the employer, the dwelling probably is not the client’s private home.”
Bowler v. Deseret Vill. Ass'n, Inc., 922 P.2d 8 (Utah 1996).
· cites it 2× “” 29 C.F.R. § 552.101 (a). The regulations, however, exclude from the definition “dwelling places which are primarily rooming or boarding houses” where such are “commercial or business establishments.”
Fowler v. Incor, 279 F. App'x 590 (10th Cir. 2008).
“In addition to a traditional single-family home, Department of Labor regulations provide that "[a] separate and distinct dwelling maintained by an individual or a family in an apartment house, condominium or hotel may constitute a private home.”
Upadhyay v. Sethi, 848 F. Supp. 2d 439 (S.D.N.Y. 2012).
“” 29 C.F.R. § 552.101 (a) (internal quotation marks omitted).”
Terwilliger v. Home of Hope, Inc., 21 F. Supp. 2d 1294 (N.D. Okla. 1998).
“’” 29 C.F.R. § 552.101 (a). The term “domestic service employment” is defined in the regulations as “services of a household nature performed by an employee in or about a private home (permanent or temporary) of the person by whom he or she is employed.”
Tinsley v. Covenant Care Servs., LLC, 228 F. Supp. 3d 911 (E.D. Mo. 2017).
“*923 In other words, if the client chooses to live in a dwelling controlled primarily by the employer, the dwelling probably is not the client’s private home. If the client maintains control—or has delegated control to a third party—it probably is a private home.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.