[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR552.101]

[Page 275]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 552_APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE
--Table of Contents
 
                        Subpart B_Interpretations
 
Sec. 552.101  Domestic service employment.

    (a) The definition of domestic service employment contained in Sec. 
552.3 is derived from the regulations issued under the Social Security 
Act (20 CFR 404.1057) and from ``the generally accepted meaning'' of the 
term. Accordingly, the term includes persons who are frequently referred 
to as ``private household workers.'' See S. Rep. 93-690, p. 20. The 
domestic service must be performed in or about the private home of the 
employer whether that home is a fixed place of abode or a temporary 
dwelling as in the case of an individual or family traveling on 
vacation. A separate and distinct dwelling maintained by an individual 
or a family in an apartment house, condominium or hotel may constitute a 
private home.
    (b) Employees employed in dwelling places which are primarily 
rooming or boarding houses are not considered domestic service 
employees. The places where they work are not private homes but 
commercial or business establishments. Likewise, employees employed in 
connection with a business or professional service which is conducted in 
a home (such as a real estate, doctor's, dentist's or lawyer's office) 
are not domestic service employees.
    (c) In determining the total hours worked, the employer must include 
all time the employee is required to be on the premises or on duty and 
all time the employee is suffered or permitted to work. Special rules 
for live-in domestic service employees are set forth in Sec. 552.102.

[40 FR 7405, Feb. 20, 1975, as amended at 60 FR 46768, Sept. 8, 1995]