DOL Suspends Enforcement of 2013 Home Care Rule - Major Advocacy Win for HCAOA and Members

HCAOA is pleased to share a major development resulting from our sustained, aggressive federal advocacy. On July 25, 2025, the U.S. Department of Labor issued Field Assistance Bulletin (FAB) No. 2025-4, which directs its enforcement staff to stop applying the 2013 rule that prohibited home care agencies from using key Fair Labor Standards Act (FLSA) exemptions for companionship and live-in services. This shift in enforcement policy is a direct outcome of HCAOA’s continued engagement with senior officials at the Department and within the Trump Administration and a meaningful step toward restoring flexibility for agencies and caregivers alike.

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A Clear Shift—Driven by HCAOA’s Advocacy
 
HCAOA has been at the forefront of efforts to roll back the harmful aspects of the 2013 rule, which prevented home care agencies from claiming important exemptions under the Fair Labor Standards Act (FLSA). Staff and members met repeatedly with senior Department of Labor staff, submitted formal comments, led a coalition of national stakeholders, and elevated the voices of agencies across the country that were negatively affected by the rule.
 
This new enforcement bulletin reflects that advocacy and shows that the Department is listening.
 
What the New Guidance Does
 
Effective immediately, the Department’s Wage and Hour Division (WHD) will no longer enforce the 2013 rule. This includes:

• Restoring Key Exemptions: Third-party employers like home care agencies may once again claim the companionship services exemption (FLSA Section 13(a)(15)) and the live-in domestic worker exemption (FLSA Section 13(b)(21)).
• Removing Arbitrary Limits on “Care”: Investigators are instructed not to limit how much time a caregiver can spend on care-related tasks. This includes both activities of daily living (ADLs)—like grooming, bathing, and toileting—and instrumental ADLs like medication support and light housekeeping.
• Ending Current Investigations: All active and future WHD investigations that relied on the 2013 rule must stop immediately.

 
This suspension creates breathing room for providers, gives caregivers more flexible scheduling options, and most importantly, helps preserve client access to extended-hour and live-in care services.
 
Please note that the 2013 rule remains in place until the new, proposed rule is finalized, so you may want to consult your attorney regarding how this Bulletin affects your agency.
 
What's Next—and How We’ll Stay Engaged
 
This policy is temporary and will remain in effect until the Department issues a final rule following its July 2 proposed rescission of the 2013 rule. HCAOA is actively participating in that rulemaking process and will continue to represent the interests of our members every step of the way.
 
HCAOA will soon be sending out a template letter and instructions on how to send your own comments to the Department of Labor. Please be on the lookout and be sure to comment!
 
Make no mistake - this Bulletin is a direct reflection of HCAOA’s intense lobbying efforts. We advocated relentlessly to make this happen because we know how much it matters for your operations, your workforce, and the clients you serve.
 
HCAOA encourages all members to read the full Bulletin here. Questions? Reach out anytime. HCAOA is here to help - and to keep delivering results that matter.