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The companionship exemption refers to federal labor regulations in the United States that exclude workers providing companionship services to the elderly or disabled from the federal minimum wage and overtime protections that apply to most other American workers. The exemption came into existence in 1974 through an amendment to the Fair Labor Standards Act (FLSA). While the main purpose of the amendment was to expand labor protections to domestic workers, two exceptions were included: one for those serving as “casual” babysitters and another for those providing “companionship services for individuals who (because of age or infirmity) are unable to care for themselves.”〔See .〕 == Controversy Over Application to Home Care Workers == The United States Department of Labor (DOL) holds significant discretion over how the companionship exemption is interpreted and applied in the workplace. Under the DOL’s current interpretation, the companionship exemption applies to most home care workers (also known as personal care assistants), allowing their employers—unless they are in a state with regulations superseding those at the federal level--to pay below minimum wage and avoid overtime compensation. Since the companionship exemption was put in place, a variety of unsuccessful efforts have been made through legislation, court challenges, and by the DOL itself to narrow the exemption so that more home care workers become eligible for minimum wage and overtime. In 2007, the case ''Long Island Care at Home, Ltd. v. Coke'' 〔Long Island Care at Home, Ltd. v. Coke, 551 U.S. 158, 167 (2007)〕 brought the issue of the companionship exemption in front of the United States Supreme Court. In this case, home care worker Evelyn Coke claimed she was unfairly denied minimum wage and overtime pay by her employer. While the court ruled against Coke, its decision reaffirmed the DOL’s authority to change its interpretation of the exemption at any time. The New York Times has written three editorials calling for an end to the companionship exemption. The disability community and many home care workers are concerned that the proposed changes will force seniors and people with disabilities into institutions, cut the take-home pay of attendants, reduce the available attendant workforce, force people with disabilities to cut the hours of longtime attendants and bring strangers into their homes, and devastate consumer directed services. They point out that the administration failed to adequately engage the disability community as described in (Executive Order 13563 ). The (National Council on Disability ) sent a (letter ) urging the Obama administration to use a negotiated rule-making to address this oversight. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Companionship Exemption」の詳細全文を読む スポンサード リンク
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