C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 552—APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE › Subpart A—General Regulations

29 C.F.R. § 552.3

Domestic service employment

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The term domestic service employment means services of a household nature performed by an employee in or about a private home (permanent or temporary). The term includes services performed by employees such as companions, babysitters, cooks, waiters, butlers, valets, maids, housekeepers, nannies, nurses, janitors, laundresses, caretakers, handymen, gardeners, home health aides, personal care aides, and chauffeurs of automobiles for family use. This listing is illustrative and not exhaustive.

[78 FR 60557, Oct. 1, 2013]
Notes of Decisions
Cited in 62 cases (14 in the last 5 years), 1980–2026 · leading case: Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158 (2007).
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Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158 (2007). · cites it 3× “7405 (1975) (emphasis added) (codified at 29 CFR § 552.3 ). The second, set forth in a later subsection entitled “Interpretations,” says that exempt companionship workers include those “who are employed by an employer or agency other than the family or household using their…”
Evelyn Coke v. Long Island Care at Home, Ltd., & Maryann Osborne, 376 F.3d 118 (2d Cir. 2004). · cites it 4× “” 29 C.F.R. § 552.3 (emphasis added); cf. H.”
Dannett Madison, on Behalf of Herself & Others Similarly Situated v. Resources for Human Dev., Inc., 233 F.3d 175 (3rd Cir. 2000). · cites it 4× “” To construe the exemption, the District Court relied on 29 C.F.R. § 552.3 , which defines “domestic service” 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.”
Bayada Nurses, Inc. v. Commonwealth, Dep't of Labor & Indus., 958 A.2d 1050 (Pa. Commw. Ct. 2008). · cites it 4× “] The federal regulation at 29 C.F.R. § 552.3 defines "domestic service employment" as follows: As used in section 13(a)(15) of the [FLSA], the term domestic service employment refers to services of a household nature performed by an employee in or about a private home…”
J. Markham v. Thomas W. Wolf, 147 A.3d 1259 (Pa. Commw. Ct. 2016). · cites it 2× “29 C.F.R. §552.3 (federal regulation under the FLSA now includes “nurses,” “home health aides” and “personal care aides” in the definition of “domestic service employment”).”
Rawls v. Augustine Home Health Care, Inc., 244 F.R.D. 298 (D. Maryland 2007). · cites it 2× “” See 29 C.F.R. § 552.3 . 4 Department of Labor regulations describe a “private home” as “a fixed place of abode or a temporary dwelling as in the case of an individual or family traveling on vacation.”
Frederic Fezard v. United Cerebral Palsy etc., 809 F.3d 1006 (8th Cir. 2016). · cites it 2× “§ 213 (a)(15); 29 C.F.R. § 552.3 (2014). The employees in this case provide services on behalf of their employer, United Cerebral Palsy of Central Arkansas (UCP), to people who reside in the employees’ private residences.”
Bayada Nurses, Inc. v. Commonwealth, Dep't of Labor & Indus., 8 A.3d 866 (Pa. 2010). “” 29 C.F.R. § 552.3 . Furthermore, Bayada offers *548 the DOL concluded that agency employment satisfies the exemption, 29 C.”
Carmack v. Park Cities Healthcare, LLC, 321 F. Supp. 3d 689 (N.D. Tex. 2018). · cites it 2× “In this case, it is undisputed that plaintiffs provided domestic service in private households as part of their employment by defendants.”
Velez v. Sanchez, 693 F.3d 308 (2d Cir. 2012). “The Department of Labor has promulgated regulations defining the statutory term “domestic service employment” as “services of a household nature,” including cooking and babysitting on a more-than-casual basis, for an employer.”
Tammy Buckner v. Florida Habilitation Network, Inc, 489 F.3d 1151 (11th Cir. 2007). · cites it 2× “: (1) whether a domestic service employee, employed by a third party employer rather than directly by the family of the person receiving care, is exempt from the overtime requirements of the FLSA pursuant to the companion services exemption, and (2) what level of deference is…”
Lott v. Rigby, 746 F. Supp. 1084 (N.D. Ga. 1990). · cites it 3× “” Federal regulation 29 C.F.R. § 552.3 provides: As used in section 13(a)(15) of the Act, the term “domestic service employment” refers to 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…”
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