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 laws 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 Protecciones de la FLSA. 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 state overtime laws for senior caregivers are ONLY specific to companionship care.
State Overtime Laws for Senior Care Companions
|
Overtime Provisions |
Minimum |
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 | SÍ |
SÍ |
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 |
SÍ |
|
| 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 | SÍ |
SÍ |
|
| 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 | SÍ |
SÍ |
Overtime pay coverage for all companions as defined in the FLSA. No relevant exemptions. |
| MARYLAND | SÍ |
SÍ |
Overtime pay coverage for all companions as defined in the FLSA. |
| MASSACHUSETTS | SÍ |
SÍ |
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 | SÍ |
SÍ |
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 | SÍ |
SÍ |
Exemption from overtime pay coverage for live-in workers. |
| NEW HAMPSHIRE | NO |
NO |
|
| NEW JERSEY | SÍ |
SÍ |
Overtime coverage for all companions as defined in the FLSA. No relevant exemptions. |
| NEW MEXICO | NO |
NO |
|
| NEW YORK | SÍ |
SÍ |
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 |
SÍ |
|
| OHIO | NO |
SÍ |
|
| 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 |
SÍ |
|
| 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 | SÍ |
SÍ |
Overtime coverage for most companions as defined in the FLSA, but exemption for live-in workers. |
| WEST VIRGINIA | NO |
NO |
|
| WISCONSIN | NO |
SÍ |
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
Otros recursos:
Minimum Wage and Overtime to Home Care Workers (US Department of Labor pub)
Deberes de un cuidador de personas mayores acompañante
Nómina para cuidadores de adultos mayores empleados en el sector privado
Guía para contratar trabajadores de cuidado de ancianos de forma privada