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.
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 |
Notes |
|
|
Federal |
NO |
NO |
Source: US Department of Labor Fact sheet 25: the home health care industry under the FLSA. |
|
NO |
NO |
||
|
NO |
NO |
||
|
ARKANSAS |
NO |
NO |
|
|
NO |
YES |
California's overtime rules do not completely align with the FLSA – assumption is the companion is a “Personal Attendant.” |
|
|
NO |
NO |
Companions and personal care attendants employed directly by private households are exempt from minimum wage and overtime. |
|
|
NO |
YES |
||
|
DELAWARE |
NO |
NO |
|
|
NO |
NO |
Overtime pay coverage for companions as defined in the FLSA. |
|
|
FLORIDA |
NO |
NO |
|
|
NO |
NO |
||
|
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. |
|
|
NO |
NO |
||
|
NO |
NO |
YES to both if four or more employees in the private household. |
|
|
NO |
NO |
||
|
NO |
NO |
||
|
NO |
NO |
||
|
NO |
NO |
||
|
NO |
NO |
||
|
YES |
YES |
Overtime pay coverage for all companions as defined in the FLSA. No relevant exemptions. |
|
|
YES |
YES |
Overtime pay coverage for all companions as defined in the FLSA. |
|
|
YES |
YES |
Overtime pay coverage for all companions as defined in the FLSA. No relevant exemptions. |
|
|
NO |
NO |
YES to both if three or more employees in the private household. |
|
|
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. |
|
|
NO |
NO |
||
|
NO |
NO |
||
|
NO |
NO |
||
|
NO |
NO |
||
|
YES |
YES |
Exemption from overtime pay coverage for live-in workers. |
|
|
NO |
NO |
||
|
YES |
YES |
Overtime coverage for all companions as defined in the FLSA. No relevant exemptions. |
|
|
NO |
NO |
||
|
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. |
|
|
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 |
|
|
NO |
NO |
||
|
UTAH |
NO |
NO |
|
|
VERMONT |
NO |
NO |
|
|
VIRGINIA |
NO |
NO |
Federal minimum wage used as reference; no amounts written in law. |
|
YES |
YES |
Overtime coverage for most companions as defined in the FLSA, but exemption for live-in workers. |
|
|
WEST VIRGINIA |
NO |
NO |
|
|
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