Tammy Buckner v. Florida Habilitation Network, Inc

KRAVITCH, Circuit Judge:

I

This appeal presents two related issues under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq.: (1) whether a domestic service employee, employed by a third party employer rather than directly by the family of the person receiving care, is exempt from the overtime requirements of the FLSA pursuant to the companion services exemption, and (2) what level of deference is due to Department of Labor (“DOL”) provisions 29 C.F.R. §§ 552.3 and 552.109(a). 1

Consistent with the Supreme Court’s recent holding in Long Island Care at Home, Ltd. v. Coke, — U.S. -, 127…