Fair Labor Standards Act Advisor

Community Living Centers and Halfway Houses

A private institution for developmentally disabled persons, sometimes called a community living center or a halfway house, would come within the coverage of the FLSA, if more than 50% of its residents have an IQ of 69 or less as determined on the basis of a valid test administered by a qualified professional, and a reasonable degree of "care" is being provided. An IQ of 69 or below is considered mentally developmentally disabled. "Care" may include such services as waking up residents in the morning to see that they get breakfast in time to leave for work, picking residents up at night after work, special counseling, and instruction in money management and health matters.

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