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Key takeaways
- A companion job title does not decide the exemption.
- Care-time limits and employer restrictions are separate questions.
- Distinguish the regulation, a proposed change and agency enforcement policy.
Read the duties and employer provisions together
The regulation reviewed on September 8, 2026 describes fellowship and protection, with incidental care limited to 20 percent of total hours per person and workweek. It excludes work primarily benefiting other household members and medically related tasks. The medical-task test concerns services that typically require trained personnel, not the worker’s actual title. Section 552.109 separately bars third-party employers from claiming the companionship exemption. (Source: 29 CFR 552.6 and 552.109, 29 MB XML)
That distinction matters for a home-care buyer. A worker's time records cannot, on their own, settle whether the employer may use the exemption.
A fictional care-time screen
Assume one worker serves one person for 30 total hours in one workweek. The table compares two possible duty mixes under the regulation's care-time condition. All employer and other duty requirements remain open.
| Fictional weekly mix | Calculation | Care share |
|---|---|---|
| Five care hours within 30 total hours | 5 divided by 30 | 16.7% |
| Seven care hours within 30 total hours | 7 divided by 30 | 23.3% |
The first mix falls below the stated percentage; the second exceeds it. Neither row grants an exemption or permits an agency to disregard its separate restriction. Record the actual tasks and dates rather than changing time labels to fit a desired percentage.
Separate rule text from enforcement policy
In July 2025, DOL proposed changing the domestic-service rules. The proposal does not itself amend the regulation. DOL's FAB 2025-4 directs WHD staff not to enforce the 2013 provisions under its stated policy. It expressly says the guidance does not alter statutory or regulatory requirements.
A buyer must distinguish that enforcement position from the rules relevant to private claims, applicable court decisions and state wage law. This review does not establish a blanket exemption for agency caregivers.
Preserve the staffing-cost evidence
Use the caregiver-payroll guide to retain hours, duties and pay records. Carry open issues into the home-care diligence review. The workforce guide connects staffing costs with sustainable earnings. Keep any claimed exemption beside its dated support, and do not count uncertain overtime savings as established gross margin.
A wage exemption and worker classification answer different questions. The caregiver classification guide shows how to compare contracts with actual assignments and payment records. Keep that evidence review separate from any claim about exempt duties or savings in the staffing budget.
Frequently asked questions
Does calling a worker a companion establish the exemption?
No. The actual duties, employer relationship and applicable rules matter. A job title or contract label cannot resolve those facts. Keep the wage-exemption question separate from whether the worker is an employee or independent contractor for another legal purpose.
Does staying below the care-time percentage prove exemption?
No. That is only one condition in the regulatory definition. The other duties and employer restrictions still need review. A favorable percentage does not override the separate third-party-employer provision or establish that the full relationship qualifies.
Did DOL's enforcement bulletin repeal the regulation?
No. FAB 2025-4 states the agency's enforcement position and expressly says it does not change statutory or regulatory requirements. Do not treat an enforcement choice as eliminating private claims or state-law duties. Confirm the applicable legal position before changing payroll.
Is the live-in worker exemption the same exemption?
No. The cited framework distinguishes the companionship exemption from a separate overtime exemption for qualifying live-in domestic service employees. Their conditions and scope differ. Sleeping at a client's home does not, by itself, decide the worker's pay rights.
Sources
Sources are dated to distinguish current guidance from earlier publications. They support the identified facts; the transaction questions and examples are educational analysis.
- GPO eCFR Title 29: sections 552.6, 552.109 and 795.105-.110 (29 MB XML) (2026 downloaded compilation). Retrieved September 8, 2026.
- DOL: Field Assistance Bulletin 2025-4 (2025). Retrieved September 5, 2026.
- DOL: July 2, 2025 proposed domestic-service rule (2025 proposed rule). Retrieved September 8, 2026.