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Independent Living News & Policy from the National Council on Independent Living

New Guidance on FLSA’s Application to Shared Living Arrangements

On October 1, 2013, the Department of Labor (DOL) published a Final Rule extending minimum wage and overtime pay protections under the Fair Labor Standards Act (FLSA) to direct care workers providing home based care to older adults and people with disabilities. DOL received many questions regarding how the rule would affect shared living arrangements such as adult foster care, host home, and paid roommates, where the person receiving services and their direct care worker live together. On March 27, 2014, DOL published an Administrator’s Interpretation and fact sheet providing guidance on how FLSA applies to various shared living arrangements.

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