[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR552.105]

[Page 230]
 
                             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. 552.105  Individuals performing babysitting services in their own 
homes.

    (a) It is clear from the legislative history that the Act's new 
coverage of domestic service employees is limited to those persons who 
perform such services in or about the private household of the employer. 
Accordingly, if such services are performed away from the employer's 
permanent, or temporary household there is no coverage under sections 
6(f) and 7(l) of the Act. A typical example would be an individual who 
cares for the children of others in her own home. This type of 
operation, however, could, depending on the particular facts, qualify as 
a preschool or day care center and thus be covered under section 
3(s)(1)(B) of the Act in which case the person providing the service 
would be required to comply with the applicable provisions of the Act.
    (b) An individual in a local neighborhood who takes four or five 
children into his or her home, which is operated as a day care home, and 
who does not have more than one employee or whose only employees are 
members of that individual's immediate family is not covered by the Fair 
Labor Standards Act.

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