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Senior Companions Minimum Wage Rules by State


What are the minimum wage rules by state for senior companion caregivers? 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. The caregivers DUTIES are what determines the designation companionship care.

Overtime Provisions

Minimum
Wage

Notes

FederalNO

NO

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

NO

ARIZONANO

NO

ARKANSASNO

NO

CALIFORNIAYES

YES

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

NO

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

YES

DELAWARENO

NO

DISTRICT OF COLUMBIANO

NO

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

NO

GEORGIANO

NO

HAWAIINO

NO

Overtime pay coverage for companions employed by 3rdparty 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.
IDAHONO

NO

ILLINOISNO

NO

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

NO

IOWANO

NO

KANSASNO

NO

KENTUCKYNO

NO

LOUISIANANO

NO

MAINEYES

YES

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

YES

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

YES

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

NO

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

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.
MISSISSIPPINO

NO

MISSOURINO

NO

MONTANANO

NO

NEBRASKANO

NO

NEVADAYES

YES

Exemption from overtime pay coverage for live-in workers.
NEW HAMPSHIRENO

NO

NEW JERSEYYES

YES

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

NO

NEW YORKYES

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. CAROLINANO

NO

N. DAKOTANO

YES

OHIONO

YES

OKLAHOMANO

NO

OREGONNO

NO

PENNSYLVANIANO

NO

Companions employed by private households exempt from overtime.
RHODE ISLANDNO

NO

S. CAROLINANO

NO

S. DAKOTANO

YES

TENNESSEENO

NO

TEXASNO

NO

UTAHNO

NO

VERMONTNO

NO

VIRGINIANO

NO

Follows the FLSA for reference.
WASHINGTONYES

YES

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

NO

WISCONSINNO

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

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