Legal Definitions - companionship services

Companionship services refer to non-medical assistance provided to individuals, often the elderly or those with disabilities, who require help with daily personal activities. These services are primarily focused on the individual's well-being and personal care, rather than general household maintenance like cleaning or yard work. Legally, under the Federal Labor Standards Act (FLSA), certain providers of companionship services may be exempt from federal minimum wage and overtime pay requirements, distinguishing them from other household employees.

Here are some examples to illustrate:

• Example 1: Mrs. Henderson, an elderly woman living alone, has difficulty with fine motor skills due to arthritis. A caregiver visits her daily to help her button her clothes, comb her hair, and prepare her medication for the day. The caregiver also assists her with gentle exercises recommended by her physical therapist.

  Explanation: This illustrates companionship services because the caregiver is directly assisting Mrs. Henderson with personal tasks like dressing, grooming, medication management, and physical support, which are essential for her personal well-being and ability to manage her daily routine, rather than general household chores.

• Example 2: David, a young man who uses a wheelchair due to a spinal injury, employs an assistant to help him transfer from his bed to his wheelchair each morning and to assist him with showering and personal grooming. The assistant also helps him prepare a simple breakfast that he can eat independently.

  Explanation: In this scenario, the assistant provides direct physical support for David's personal hygiene and mobility, which are core components of companionship services. The focus is on enabling David's personal care and daily living, not on cleaning his home or running errands.

• Example 3: Following a knee replacement surgery, Mr. Chen requires temporary support during his recovery period at home. A helper comes to his home for a few weeks to assist him with bathing, getting dressed, and moving safely around his house. The helper also ensures he takes his prescribed medication on time and reminds him of his physical therapy appointments.

  Explanation: This scenario demonstrates companionship services as the helper is providing direct personal care, mobility assistance, and medication reminders critical for Mr. Chen's recovery and personal well-being, distinguishing it from general household help or skilled nursing care.