[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: 29CFR552.109]

[Page 277]
 
                             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. 552.109  Third party employment.

    (a) Employees who are engaged in providing companionship services, 
as defined in Sec. 552.6, and who are employed by an employer or agency 
other than the family or household using their services, are exempt from 
the Act's minimum wage and overtime pay requirements by virtue of 
section 13(a)(15). Assigning such an employee to more than one household 
or family in the same workweek would not defeat the exemption for that 
workweek, provided that the services rendered during each assignment 
come within the definition of companionship services.
    (b) Employees who are engaged in providing babysitting services and 
who are employed by an employer or agency other than the family or 
household using their services are not employed on a ``casual basis'' 
for purposes of the section 13(a)(15) exemption. Such employees are 
engaged in this occupation as a vocation.
    (c) Live-in domestic service employees who are employed by an 
employer or agency other than the family or household using their 
services are exempt from the Act's overtime requirements by virtue of 
section 13(b)(21). This exemption, however, will not apply where the 
employee works only temporarily for any one family or household, since 
that employee would not be ``residing'' on the premises of such family 
or household.

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