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State Overtime Rules for Senior Care Workers

Posted by Vanessa Vidal, FPC on Oct 25, 2013 12:41:00 PM

Today's retired seniors by an overwhelming 9:1 ration fully expect to "age in place," staying in their private homes as long as they can and resisting moves to institutionalized settings. Increasingly these seniors private hire senior caregivers who help with mobility challenges, transportation and general household activities as a way to stay in their homes. When you hire a senior care worker directly, you become an employer.

GUIDE TO PRIVATELY EMPLOYING SENIOR HOME CARE

Employment law, wage and hour law, and payroll tax requirements for privately employed senior caregivers are governed by a complex assortment of Federal and state rules and legislation. The scope of duties is used on the Federal level to distinguish companionship care - exempt from Federal minimum wage and overtime protections - from other domestic services that do enjoy FLSA protections. HomeWork Solutions has assembled easy to understand, state specific information specific to SENIOR CARE COMPANIONS as defined by the FLSA to save you hours of online research! Please note this is ONLY specific to companionship care.

 

Overtime Provisions

Minimum
Wage

Notes

Federal

NO

NO

Source: US Department of Labor Fact sheet 25: the home health care industry under the FLSA.

ALASKA

NO

NO

 

ARIZONA

NO

NO

 

ARKANSAS

NO

NO

 

CALIFORNIA

NO

YES

California's overtime rules do not completely align with the FLSA – assumption is the companion is a “Personal Attendant.”

COLORADO

NO

NO

Companions and personal care attendants employed directly by private households are exempt from minimum wage and overtime.

CONNECTICUT

NO

YES

 

DELAWARE

NO

NO

 

DISTRICT OF COLUMBIA

NO

NO

Overtime pay coverage for companions as defined in the FLSA.

FLORIDA

NO

NO

 

GEORGIA

NO

NO

 

HAWAII

NO

NO

Overtime pay coverage for companions employed by 3rd party agencies only through December 31, 2013. Effective January 1, 2014 minimum wage and overtime pay coverage applies to all domestic workers. Live in domestic after January 1, 2014 to be paid overtime after 44 hours of work per week.

IDAHO

NO

NO

 

ILLINOIS

NO

NO

YES to both if four or more employees in the private household.

INDIANA

NO

NO

 

IOWA

NO

NO

 

KANSAS

NO

NO

 

KENTUCKY

NO

NO

 

LOUISIANA

NO

NO

 

MAINE

YES

YES

Overtime pay coverage for all companions as defined in the FLSA. No relevant exemptions.

MARYLAND

YES

YES

Overtime pay coverage for all companions as defined in the FLSA.

MASSACHUSETTS

YES

YES

Overtime pay coverage for all companions as defined in the FLSA. No relevant exemptions.

MICHIGAN

NO

NO

YES to both if three or more employees in the private household.

MINNESOTA

YES

YES

Overtime pay coverage after 48 hours for all companions as defined in the FLSA, but nighttime hours where companion is available to provide services but does not actually do so need not be compensated.

MISSISSIPPI

NO

NO

 

MISSOURI

NO

NO

 

MONTANA

NO

NO

 

NEBRASKA

NO

NO

 

NEVADA

YES

YES

Exemption from overtime pay coverage for live-in workers.

NEW HAMPSHIRE

NO

NO

 

NEW JERSEY

YES

YES

Overtime coverage for all companions as defined in the FLSA. No relevant exemptions.

NEW MEXICO

NO

NO

 

NEW YORK

YES

YES

Overtime coverage for live-in workers after 44 hours/week (rather than the usual 40 hours). Overtime coverage for all privately employed companions as defined in the FLSA.

N. CAROLINA

NO

NO

 

N. DAKOTA

NO

YES

 

OHIO

NO

YES

 

OKLAHOMA

NO

NO

 

OREGON

NO

NO

 

PENNSYLVANIA

NO

NO

Companions employed by private households exempt from overtime.

RHODE ISLAND

NO

NO

 

S. CAROLINA

NO

NO

 

S. DAKOTA

NO

YES

 

TENNESSEE

NO

NO

 

TEXAS

NO

NO

 

UTAH

NO

NO

 

VERMONT

NO

NO

 

VIRGINIA

NO

NO

Federal minimum wage used as reference; no amounts written in law.

WASHINGTON

YES

YES

Overtime coverage for most companions as defined in the FLSA, but exemption for live-in workers.

WEST VIRGINIA

NO

NO

 

WISCONSIN

NO

YES

Overtime exemption for those employed directly by private households, Wis. Admin. Code § 274.015. Companions who spend less than 15 hours a week on general household work and reside in the home of the employer are also exempt from minimum wage. Wis. Admin. Code § 272.06(2).

WYOMING 

NO

NO

 
   

 

Source: U.S. Department of Labor: State Minimum Wage and Overtime Coverage of Non-Publicly Employed Companions.

Updated July 2013

Other Resources:

Duties of a Companion Senior Caregiver
Payroll for Privately Employed Senior Caregivers
Guide to Privately Hiring Senior Care Workers

Topics: household payroll tax, Hiring Elder care, hiring care for seniors, aging in place

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