Bayada Nurses, Inc. v. Commonwealth, Department of Labor & Industry

OPINION

Justice TODD.

A provision of the Pennsylvania Minimum Wage Act of 1968 (the “Act”) 1 exempts from the statute’s minimum wage and overtime requirements employment for “[d]omestic services in or about the private home of the employer.” 43 P.S. § 333.105(a)(2). A regulation promulgated by Appellee, Pennsylvania Department of Labor and Industry (the “Department”), defines “domestic services” as “[w]ork in or about a private dwelling for an employer in his capacity as a householder, as distinguished from work in or about a private dwelling for such employer in the employer’s pursuit of a…