SimplyHR | Employment & Labor Blog 

Last week, the Department of Labor announced a final rule that will extend Fair Labor Standards Act (FLSA) minimum wage and overtime coverage to home health care workers. The rule will have far-reaching impacts – but not until January 1, 2015, when it takes effect.

Home health workers “employed by an employer or agency other than the family or household using their services” are currently classified as exempt from FLSA’s minimum wage and overtime requirements under the “companionship services” exception. 29 C.F.R. § 552.109(a). “Companionship services” are defined as “those services which provide fellowship, care, and protection for a person who, because of advanced age or physical or mental infirmity, cannot care for his or her own needs.” 29 C.F.R. § 552.6. The regulation goes on to cite household work, meal preparation and washing clothes as examples of “companionship services.”

“Non-compete agreements aren’t really enforceable, are they?” This is a question I’ve been asked many times, usually by someone who already signed an agreement they didn’t fully understand. Non-compete agreements, also commonly referred to as restrictive covenants, are a confusing area of the law. Let’s clear up a few of the common misconceptions.

All non-compete agreements are created equal. Fiction. Although commonly lumped into the single term “non-compete agreement,” restrictive covenants cover a variety of topics, such as non-disclosure agreements, customer non-solicitation agreements and employee non-solicitation agreements. It is common for a single agreement to include many, if not all, of these restrictions.