29 C.F.R. § 552.2

Purpose and scope

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(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.

(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]

Notes of Decisions

Cited in 4 cases, 1994–2009 · leading case: Evelyn Coke v. Long Island Care at Home, Ltd., & Maryann Osborne, 376 F.3d 118 (2d Cir. 2004).

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Evelyn Coke v. Long Island Care at Home, Ltd., & Maryann Osborne, 376 F.3d 118 (2d Cir. 2004). · cites it 3× “2002); 29 C.F.R. § 552.2 (c) (expressly stating that “[t]he definitions required by § [2]13(a)(15) are contained in §§ 552.”

ZIRINTUSA v. Whitaker, 674 F. Supp. 2d 1 (D.D.C. 2009). “of Sinotheni Mpala at 20 (testifying that she witnessed Zirintusa ironing a linen in Whitaker’s home); see also 29 C.F.R. § 552.2 (delineating circumstances where the FLSA extends to domestic service employees); id.”

Robert B. Reich, Sec'y of Labor, United States Dep't of Labor v. Miss Paula's Day Care Ctr., Inc., & Janice Hartman, 37 F.3d 1191 (6th Cir. 1994). “See 29 C.F.R. § 552.2 (c). “Babysitting services” means “the custodial care and protection, during any part of the 24-hour day, of infants or children in or about the private home in which the infants or young children reside.”

Evelyn Coke v. Long Island Care at Home, Ltd., & Maryann Osborne, Docket No. 03-7666-Cv, 462 F.3d 48 (2d Cir. 2006). “That statement, in combination with the facts that Subpart B is labeled “Interpretations” and that 29 C.F.R. § 552.2 (c) indicates that “[t]he definitions required by section 13(a)(15) [of the FLSA] are contained in §§ 552.”

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