Covered under the FLSA from 1 January 2015 for overtime pay and minimum wage: Home health care workers, home care aides, certified nursing assistants.
Exempt form minimum wage and overtime are employees providing "companionship services" that exceeds more than 80% of their workweek. This exemption is only available to the individual, family, or household solely or jointly employing the worker, the exemption is not available for third party employers or direct care workers (like home care staffing agencies). Third party employers must pay their workers the federal minimum wage and overtime.
If employees provide more than 20% of their workweek on caring tasks all employers must pay minimum wage and overtime. Read more at Overtime Pay Home Care Aides