Home care agencies may argue that some home health aides are not entitled to overtime based on the companionship services exemption, which can include the provision of care, fellowship or protection to elderly or infirm persons who cannot care for themselves.  However, a new rule by the U.S. Department of Labor prohibits third party employers, such as home care agencies, from claiming the companionship services exemption.  Further, this new rule was effective on January 1, 2015, according to a federal court in Connecticut.  See Kinkead v. Humana, Inc., 2016 WL 3950737, *1 (D. Conn. 2016); see also 29 C.F.R. § 552.109.