When hiring a live-in nanny or other household employee, it’s important to understand how overtime laws apply—especially because the rules aren’t the same in every state. While federal law offers a basic framework, many states add their own requirements, and these can impact how you structure your employee’s hours and pay.
Whether you’re preparing an offer or already have someone in your home, this guide will help you stay on the right side of wage laws—and build a foundation of fairness and trust with your employee.
Federal Rule: No Overtime for Live-In Domestic Workers
Under the Fair Labor Standards Act (FLSA), domestic employees who live in the household are exempt from overtime pay. That means you must pay them at least minimum wage for all hours worked, but you are not required to pay time-and-a-half for hours over 40 per week—unless your state law says otherwise.
To qualify as a live-in worker, the employee must reside in your home, either full-time or extended periods most days per week. Simply being on-call or staying overnight occasionally does not qualify.
Important: If your state requires overtime pay, you cannot simply agree with your employee to skip it. Employees cannot waive their legal right to overtime pay—even if they sign something saying they agree to it. These agreements are not enforceable under the law.
States That Require Overtime Pay for Live-In Nannies and Household Employees
While federal law exempts live-in domestic workers from overtime, many states do not. Here's how overtime works in key states:
California
Live-in personal attendants must be paid overtime after 45 hours in a workweek.
All other live-in domestic workers, not classified as personal attendants, must receive:
- Overtime on the 7th consecutive day of work (first 8 hours), and
- Double time for hours worked beyond 8 on that 7th day.
Hawaii
Live-in domestic workers must receive overtime pay for all hours over 40 in a workweek.
Maryland
Live-in household employees must be paid overtime after 40 hours per week.
Massachusetts
Live-in household employees must be paid overtime after 40 hours per week.
Minnesota
Live-in workers must receive overtime pay after 48 hours in a workweek.
Nevada
Live-in domestic workers can be exempt from overtime, but only if there is a written agreement between the employer and employee.
However, if no such written agreement exists—or if state or federal minimum standards are not met—the exemption is not valid.
New Jersey
Live-in household employees must be paid overtime after 40 hours per week.
New York
Overtime for live-in employees starts at 44 hours in a workweek.
Oregon
Live-in domestic workers must receive overtime pay after 44 hours per week.
All Other States: Federal Rules Apply
If you live in a state not listed above, the FLSA governs your obligations:
- Live-in domestic workers must be paid for every hour worked but are not entitled to overtime pay at time-and-a-half.
- Non-live-in domestic workers (those who come and go daily) must receive overtime pay of 1.5x their regular hourly rate for any hours over 40 per week.
Whether or not overtime is required, accurate time tracking is essential. These records can support a wage complaint if an employer fails to comply with payment laws.
Protect Your Family and Your Employee With Trusted Payroll Support
Understanding and following these laws isn't just about avoiding penalties—it's about treating your household employee fairly and building a strong working relationship.
At HomeWork Solutions, we specialize in household payroll and tax compliance, helping families stay on top of:
- Overtime and wage law compliance (federal and state)
- Accurate time tracking and pay calculations
- Payroll tax withholding
- Wage documentation and direct deposit
- Quarterly and annual employer tax filings
We’ve supported thousands of families since 1993, making sure their employees get paid the right way.
Need help figuring out your state’s rules or setting up legally compliant pay for your live-in nanny?
Talk to a real expert who understands the ins and outs of household employment.
Schedule a free consultation today or call us at 1-800-626-4829.