WHD Suspends 2013 Home Care Enforcement Guidance

The U.S. Department of Labor's Wage and Hour Division (WHD) has issued Field Assistance Bulletin No. 2025-4, immediately suspending enforcement of its 2013 final rule that significantly narrowed FLSA exemptions for companionship and live-in domestic service workers. This bulletin directs WHD field staff to discontinue enforcement of the 2013 rule provisions while the Department re-evaluates the regulations through the notice-and-comment rulemaking process. The guidance is effective as of July 25, 2025, and will remain in effect until a new final rule is published.

This action means that for ongoing and future WHD enforcement actions, investigators must not apply the 2013 final rule when determining FLSA wage requirements for home care workers. Employers in the home care industry, particularly those previously impacted by the narrowed exemptions, should be aware that the enforcement policy has temporarily reverted to pre-2013 standards. While this bulletin does not impose new obligations, it signals a period of regulatory uncertainty for the sector as the Department considers rescinding or amending the 2013 rule. Compliance officers should monitor the Department's rulemaking process for future updates.