| | Overtime Provisions | Notes |
|---|
| Federal |
YES |
May or may not be covered for overtime: persons employed in domestic service in household. They can be: nurses, certified nurse aides, home health care aides and other persons providing home health care services.
Exempt from overtime pay are employees providing "companionship services". This means according the FLSA services for the care, fellowship, and protection of persons who because of old age or physical or mental infirmity cannot care for themselves. Such services include household work for aged or infirm persons, including meal preparation, bed making, clothing washing and other similar personal services. General household work is also included, as long as it does not not exceed 20% of the total weekly hours worked by the companion. Where the 20% limitation is exceed the employee must be paid overtime.
The term companionship services does not include services performed by trained personnel such as registered or practical nurses.
Covered domestic service employees who reside in the household may be exempt from overtime requirements.
Source: US Department of Labor Fact sheet 25: the home health care industry under the FLSA.
|
| ALASKA |
NO |
|
| ARIZONA |
NO |
|
| ARKANSAS |
NO |
|
| CALIFORNIA |
YES |
California's overtime rules create in terms of overtime four categories of workers who provide in-home care. (1) Those who are employed by non-profits and do no additional work beyond feeding, dressing, and supervising the person do not receive overtime. (2) Those who are employed by non-profits but do additional work beyond feeding, dressing, and supervising do receive overtime. (3) All for-profit workers receive overtime regardless of their job description. (4) County-employed in-home care worker, of whom there are approximately 367,000, receive up to $11.50 an hour straight time per their union contracts and may also receive overtime under those contracts. |
| COLORADO |
YES |
Overtime pay coverage for third-party-employed in-home care workers who do work beyond Colorado's definition of "companion." Colorado's definition of "companion" is much narrower than the FLSA definition. Companions may not help to bathe and dress the person, do any amount of housekeeping, or remind the person to take medication. People who do those tasks are more than just "companions" they are "personal care" attendants. Personal care attendants are entitled to overtime. However, PCAs employed directly by private households are exempt from overtime. |
| CONNECTICUT |
NO |
|
| DELAWARE |
NO |
|
| DISTRICT OF COLUMBIA |
YES |
Overtime pay for companions as defined in the FLSA. |
| FLORIDA |
NO |
|
| GEORGIA |
NO |
|
| HAWAII |
YES |
Overtime pay coverage for companions as defined in the FLSA, but exemption for those employed directly by private households. |
| IDAHO |
NO |
|
| ILLINOIS |
YES |
Overtime pay coverage for any person whose primary duty is to be a companion for individual(s) who are aged or infirm or workers whose primary duty is to perform health care services in or about a private home. There may be an exemption for those employed solely by private households as a result of a general exemption for employers with fewer than four employees. |
| INDIANA |
NO |
|
| IOWA |
NO |
|
| KANSAS |
NO |
|
| KENTUCKY |
NO |
|
| LOUISIANA |
NO |
|
| MAINE |
YES |
Overtime coverage for all companions as defined in the FLSA. No relevant exemptions. |
| MARYLAND |
YES |
Overtime pay coverage for all companions as defined in the FLSA. |
MASSACHUSETTS
|
YES |
Overtime coverage for all companions as defined in the FLSA. No relevant exemptions. |
| MICHIGAN |
YES |
Overtime coverage for companions as defined in the FLSA, but exemption for live-in workers. Exemption for workers employed solely by private household as a result of exemption for employer with fewer than two employees. |
| MINNESOTA |
YES |
Overtime 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 |
|
| MISSOURI |
NO |
|
| MONTANA |
YES |
Overtime coverage for companions as defined in the FLSA, but exemption for those employed directly by private households. |
| NEBRASKA |
NO |
No state overtime law. |
| NEVADA |
YES |
Overtime coverage for companions as defined in the FLSA, but exemption for live-in workers. Also, business enterprises with less than $250,000 annually in gross sales volume need not pay overtime. |
| NEW HAMPSHIRE |
NO |
|
| NEW JERSEY |
YES |
Overtime coverage for all companions as defined in the FLSA. No relevant exemptions. |
| NEW MEXICO |
NO |
|
| NEW YORK |
YES |
There is overtime coverage for all companions but those employed by third party agencies receive overtime at a reduced rate of 150% of the minimum wage (rather than the usual 150% of their regular rate of pay). Overtime coverage for live-in workers after 44 hours/week (rather than the usual 40 hours) at the same rates detailed above. |
| N. CAROLINA |
NO |
|
| N. DAKOTA |
NO |
|
| OHIO |
NO |
|
| OKLAHOMA |
NO |
|
| OREGON |
NO |
|
| PENNSYLVANIA |
YES |
Overtime coverage for companions as defined in the FLSA, but exemption for those employed solely by private households. |
| RHODE ISLAND |
NO |
|
| S. CAROLINA |
NO |
|
| S. DAKOTA |
NO |
|
| TENNESSEE |
NO |
|
| TEXAS |
NO |
|
| UTAH |
NO |
|
| VERMONT |
NO |
|
| VIRGINIA |
NO |
Federal minimum wage used as reference; no amounts written in law. |
| WASHINGTON |
YES |
Overtime coverage for most companions as defined in the FLSA, but exemption for live-in workers.
|
| WEST VIRGINIA |
NO |
|
| WISCONSIN |
YES |
Overtime coverage for most companions as defined in the FLSA, but overtime exemption for those employed directly by private households, and those employed by non-profit organizations. |
| WYOMING |
NO |
|
|
|
Source: U.S. Department of Labor: State Minimum Wage and Overtime Coverage of Non-Publicly Employed Companions.
|
