CLIENT LOGIN | Member Services OR EMPLOYEE LOGIN | Self Service

Menu

1-800-NANITAX (800-626-4829) Enroll Now Log In

Knowledge Center

State Overtime Rules Senior Care Companions

Today’s retired seniors by an overwhelming 9:1 ratio 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 caregiver directly, you become an employer. Understand state overtime rules for senior care companions.

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 relevant to SENIOR CARE COMPANIONS as defined by the FLSA to save you hours of online research! Please note that these overtime rules for senior caregivers are ONLY specific to companionship care.

State Overtime Rules for Senior Care Companions

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

FREE Updates & Tools

FREE Updates & Tools

Sign up with HomeWork Solutions today for valuable resources only available to our subscribers.

  • Receive industry related news and updates though our blog.
  • Access our FREE payroll tax calculators.
  • Access special offers & downloads.

I understand that I am registering for access to HWS. I grant HWS permission to contact me via email regarding household payroll and tax services they offer.

All fields are required.